Refusing to perform DUI roadside tests is not indicative of a “conciousness of guilt.”

On September 29, 2006, Stafford County, Virginia Sherrif Deputy Peter Nelson and a number of other officers were investigating a burglary. The officers believed that the perpetrator had fled the scene. In order to contain and capture the suspect the officers set up a perimeter around the area using police vehicles with their overhead lights [...]

When is it “unreasoanble” to ask for a blood draw?

A recent Texas case addressed the reasoanbleness of the methods used to forcefully obtain a blood draw. In State v. Johnston, 2009 WL 3720156, the Defendant refused to submit to a blood draw. A warrant was obtained and a sample of her blood was obtained against her will. The sample was taken the police station [...]

What is the definition of a “prior DUI” in Washington?

On January 11, 2011, in Drivers' Rights, DUI Articles, DUI Defense, Resources, Snohomish County, Washington, by Scott W Lawrence

Scott Winebrenner and Jesus Quezada were on deferred prosecutions in the City of Seattle for seperate DUI offenses. Both committed and were sentenced on new DUI charges. The Seattle Municipal Court judge revoked their deferred prosecutions and proceeded to sentencing. The Assistant City Attorney argued that the new DUIs should be considered “prior DUIs” for [...]

Arizona Supreme Courts creates a test for deciding if a driver is in “physical control” of a vehicle.

On January 11, 2011, in Drivers' Rights, DUI Articles, DUI Defense, Monroe, Resources, Snohomish County, Washington, by Scott W Lawrence

Did you know you can be found guilty of “DUI” simply by sitting behind the wheel of your car while over the legal limit? “Physical Control” is essentially the same crime as DUI without the driving element (.08% or higher within 2 hours of being in control of a vehcile). The potential and minimum punishments [...]

Judge unavailibility is not an excuse for denying speedy trial rights.

On January 11, 2011, in Criminal Defense, Drivers' Rights, DUI Defense, Individual Rights, Snohomish County, Washington, by Scott W Lawrence

Changes in the Washington State time for trial rules in 2003 have caused many criminal defense attorneys to comment “there is no such thing as ‘speedy trial’ anymore.” Fortunately, that is not entirely true. The Washington State Supreme Court, in State v. Kenyon, recently addressed the question of whether the lack of an available judge [...]

Criminal Defense – New Client Intake

On June 7, 2010, in Contact, Criminal Defense, Forms, Law Office of Scott Lawrence, PLLC, by Scott W Lawrence

Fill out this form now to schedule your free consultation with a Proven Everett Crminal Defense Attorney. All submission are reviewed and someone from my office will respond, usually within a couple hours, but always within 24 hours. If you are inquiring about someone currently in the custody of police, or another emergency, call (425) [...]

DUI – New Client Intake Form

On June 7, 2010, in DUI Defense, Law Office of Scott Lawrence, PLLC, by Scott W Lawrence

(1) NEW DUI CLIENTS: Fill out the form below, in as much detail as possible. This form will go (1) to your attorney to help in preparing your defense; (2) to the Private Investiagtor to assist in his investigation of the case; and (3) in your file to help you recall the facts at a [...]

Washington State Medical Marijuana Laws

Is it legal to possess marijuana for medical use in Washington? Washington’s medical marijuana law is codified in the Revised Code of Washington Chapter 69.51A.  Washington residents who have a qualifiying medical condition, and their designated caregivers, may recieve approval from a Physician or Osteopathy for the use medical marijuana. What kind of documentation do I need? Washington law requires you [...]

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