As reported in the Skagit Valley Herald and their website www.goskagit.com
Some people trying to travel to Canada are being turned back at the border because of past arrests for crimes such as drunken driving.
The Seattle Times reports that four-to-five passengers a week on the Victoria Clipper are told to take the next boat back to Seattle because of a DUI — even one many years old.
That could become more of an issue for the 350,000 visitors expected to travel to the Winter Olympics in February in Vancouver.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Sunday, January 31, 2010
Friday, January 29, 2010
Washginton State Troopers arrest 257 for DUI
OLYMPIA (AP) — The Washington State Patrol says troopers made 257 arrests over the New Year’s weekend for investigation of drunken driving.
Thirty-three of those were involved in collisions but there were no fatalities.
A year ago there were 291 DUI arrests, 42 from collisions, and five fatalities.
Sgt. Freddy Williams said Wednesday the only traffic fatality in the state from Thursday afternoon through Sunday was the death of Grant County Deputy John Bernard, whose car ran off a road Sunday south of Ephrta.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Thirty-three of those were involved in collisions but there were no fatalities.
A year ago there were 291 DUI arrests, 42 from collisions, and five fatalities.
Sgt. Freddy Williams said Wednesday the only traffic fatality in the state from Thursday afternoon through Sunday was the death of Grant County Deputy John Bernard, whose car ran off a road Sunday south of Ephrta.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Lake McMurray man goes around roundabout and ends up with DUI
From the Anacortes American, December 31, 2009
A 26-year-old Lake McMurray man was arrested on a charge of DUI after an officer saw him driving 40 mph in the 25 mph zone and crossing the center and fog lines on Commercial Avenue around 2:30 a.m. The truck also went through the roundabout at 10 miles over the posted 15 mph limit.
After stopping the truck, the officer noted the man had bloodshot, watery eyes and smelled of alcohol. The man allegedly told officers he had been drinking with friends at a downtown establishment. After failing field sobriety tests he was arrested and transported to the station for a Breathalyzer test.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Anacortes, Skagit County Woman stopped for speeding, Charged with DUI
From the Anacortes American, December 30, 2009
A 47-year-old Anacortes woman was arrested on a charge of DUI after an officer stopped her for speeding westbound on Oakes Avenue from D Avenue around 9 p.m. and saw she showed signs of intoxication. She failed field sobriety tests and was transported to the station for a Breathalyzer test.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Fidalgo Island, Skagit County woman charged with DUI in Anacortes
From the Anacortes American, December 29, 2010
An officer stopped a pickup driven by a 30-year-old Fidalgo Island woman in the 1300 block of Commercial Avenue for failing to use her turn signal around 1:40 a.m. The woman smelled of intoxicants and said she had two glasses of wine earlier. She had slurred speech, bloodshot eyes and told the officer she hadn’t been driving but was just parking her pickup to have a friend pick her up.
She declined to do field sobriety tests. Based on the officer’s observations she was arrested on a charge of DUI. She provided breath samples more than twice the legal limit. She was cited and released to a sober relative.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Stanwood, Snohomish County man arrested for DUI at border
From the Anacortes American, January 6, 2010
A 23-year-old Stanwood man was detained by U.S. Customs agents at the state ferry terminal on five warrants for forgery, DUI, disorderly conduct and underage drinking. He was returning on the ferry from British Columbia. He was booked into jail.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Skagit County man awaiting DUI charges after blood draw
From the Anacortes American, January 6, 2010
The driver of a pickup lost control at the intersection of A Avenue and Fir Crest Drive and rolled the vehicle onto its side and into a fire hydrant around 9:09 p.m. The driver, a 46-year-old Anacortes man, was transported by paramedics to the hospital for minor injuries. He smelled of intoxicants but claimed he could not remember having anything to drink. He consented to a portable breath test that showed he was significantly over the legal limit. He agreed to a blood draw and faces a charge of DUI pending results of the blood analysis.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
65 year old Anacortes, Skagit County man arrested for DUI
From the Anacortes American, January 6, 2010
A 65-year-old man was arrested on charges of DUI after allegedly hitting a parked car in the 3300 block of West Third Street and leaving the scene around 8:54 p.m. Tuesday, Dec. 29.
Witnesses reported a dark colored SUV with an auto dealer’s license plate struck a parked car, which was pushed into another parked car, damaging both vehicles.
A neighbor checked the area and found a vehicle matching the description at a home in the 3800 block of West Sixth Street. The vehicle had extensive fresh damage to its front end and paper plates from a local car dealer.
Officers contacted a 65-year-old man at the home who allegedly admitted driving the vehicle and said he had not been injured. He was very unsteady on his feet, smelled strongly of alcohol and had bloodshot eyes and heavily slurred speech. He later allegedly admitted having several beers at a local casino before driving home.
The man failed field sobriety tests and was arrested. He provided breath samples that were more than two and a half times the legal limit. He was cited on charges of DUI and hit and run and released to his wife.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Anacortes, Skagit County driver arrested for DUI
From the Anacortes American, December 26, 2009
An officer stopped a car driven by a 50-year-old Everett woman in the 3200 block of R Avenue after seeing the car spin its tires, fail to stop at a stop sign, make unsignaled turns and speed around 1:46 a.m. The driver smelled of intoxicants, had slurred speech and fumbled for and dropped her driver’s license. The woman said she had been at a local casino and was driving back to Everett. She told the officer she would do fine on field sobriety tests as she only had one beer earlier.
She failed sobriety tests and was arrested on suspicion of DUI. She was taken to the police station where she refused to sign any paperwork and was verbally abusive towards the officer, making derogatory comments about the officer’s family. After speaking with an attorney, she provided two breath samples almost twice the legal limit. She was booked into jail.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Possible Skagit County DUI driver shot dead by police
SEDRO-WOOLLEY — A police officer shot and killed a 57-year-old Mount Vernon man Tuesday afternoon on Highway 20 after the man brandished a gun during a traffic check and tried to flee, said Sedro-Woolley Police Chief Doug Wood.
Around 4:20 p.m. Tuesday, the police officer spotted a banged-up, maroon Chevrolet Blazer driving erratically heading north on Highway 9, Wood said.
The officer pulled the vehicle over and saw that the driver had a handgun. Wood said the officer backed away. The Blazer then turned and headed west on Highway 20, still driving erratically, Wood said.
According to police Lt. Lin Tucker, the pursuing officer reported that the car was damaged and would likely break down soon.
The Blazer stopped completely on Highway 20 just inside the Sedro-Woolley city limits. Wood said the officer stopped behind the Blazer, and the vehicle’s driver got out and approached the officer on foot.
The officer ordered the suspect to stop, Wood said.
“He pulled a handgun again, forcing the officer to shoot him,” Wood said.
Tucker said Sedro-Woolley officers arrived on the scene and performed first aid on the suspect, but the man was dead when paramedics arrived. His name has not yet been officially released.
No officers were injured, and there was no one with the man during the incident. The officer fired at least two rounds at the man, Wood said.
Tucker said the suspect brandished a .45 caliber handgun and had another gun in a holster on his body.
Officers closed Highway 20 for more than half a mile east of United General Hospital during the investigation. Eastbound traffic slowed to a crawl as it was diverted along Collins Road to bypass the shooting scene.
The man’s body was lying directly behind the vehicle after the incident, and two handguns that police said belonged to the suspect were laying about five feet from his body.
Residents of the few nearby houses on Pebble Lane gathered near the scene. Most said they heard gunshots but did not want to discuss the incident.
Krista Sharp said she heard at least three bangs while she was studying in her house.
“I thought it was my dad banging around in the shop,” Sharp said. “I heard the shots, but I didn’t think anything of it.”
But when Sharp and her neighbors stepped outside, they saw the Blazer on the shoulder of Highway 20 with the driver’s-side headlight banged up, steam rising from under the hood and fluid leaking onto the highway.
Around 6 p.m., the Skagit County Sheriff’s Office took over the investigation.
Wood said many details are still unknown. The officer, a 32-year-old man who recently returned from a nine-month tour of duty with the Navy in the Middle East, was put on administrative leave as standard procedure. He had not yet been fully questioned.
“It happened very, very fast,” Wood said.
Police were still unsure if alcohol was involved or why the man approached the officer with a gun, Wood said. The chief said he did not know if the man said anything to the officer during the incident.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Around 4:20 p.m. Tuesday, the police officer spotted a banged-up, maroon Chevrolet Blazer driving erratically heading north on Highway 9, Wood said.
The officer pulled the vehicle over and saw that the driver had a handgun. Wood said the officer backed away. The Blazer then turned and headed west on Highway 20, still driving erratically, Wood said.
According to police Lt. Lin Tucker, the pursuing officer reported that the car was damaged and would likely break down soon.
The Blazer stopped completely on Highway 20 just inside the Sedro-Woolley city limits. Wood said the officer stopped behind the Blazer, and the vehicle’s driver got out and approached the officer on foot.
The officer ordered the suspect to stop, Wood said.
“He pulled a handgun again, forcing the officer to shoot him,” Wood said.
Tucker said Sedro-Woolley officers arrived on the scene and performed first aid on the suspect, but the man was dead when paramedics arrived. His name has not yet been officially released.
No officers were injured, and there was no one with the man during the incident. The officer fired at least two rounds at the man, Wood said.
Tucker said the suspect brandished a .45 caliber handgun and had another gun in a holster on his body.
Officers closed Highway 20 for more than half a mile east of United General Hospital during the investigation. Eastbound traffic slowed to a crawl as it was diverted along Collins Road to bypass the shooting scene.
The man’s body was lying directly behind the vehicle after the incident, and two handguns that police said belonged to the suspect were laying about five feet from his body.
Residents of the few nearby houses on Pebble Lane gathered near the scene. Most said they heard gunshots but did not want to discuss the incident.
Krista Sharp said she heard at least three bangs while she was studying in her house.
“I thought it was my dad banging around in the shop,” Sharp said. “I heard the shots, but I didn’t think anything of it.”
But when Sharp and her neighbors stepped outside, they saw the Blazer on the shoulder of Highway 20 with the driver’s-side headlight banged up, steam rising from under the hood and fluid leaking onto the highway.
Around 6 p.m., the Skagit County Sheriff’s Office took over the investigation.
Wood said many details are still unknown. The officer, a 32-year-old man who recently returned from a nine-month tour of duty with the Navy in the Middle East, was put on administrative leave as standard procedure. He had not yet been fully questioned.
“It happened very, very fast,” Wood said.
Police were still unsure if alcohol was involved or why the man approached the officer with a gun, Wood said. The chief said he did not know if the man said anything to the officer during the incident.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Anacortes, Skagit County DUI driver offers Cop $500 to let him go
This article is from the Anacortes American, January 27, 2010
A 25-year-old Anacortes man allegedly offered an officer $500 to let him go after nearly hitting workers who were moving large pieces of refinery equipment on Highway 20 around 1:08 a.m. Sunday, Jan. 17. The man allegedly ignored road closed signs and barricades, several traffic control vehicles and an officer who waved at him to stop. Witnesses said the car came dangerously close to workers who were walking alongside the equipment.
The vehicle sped around backed-up traffic after almost colliding with another vehicle before an officer was able to stop the car on the highway. The driver smelled of alcohol and said he was unaware of any traffic backup or equipment blocking most of the road.
The man had slurred speech, was unsteady on his feet and had his pants unzipped. He denied drinking. He failed field sobriety tests and was arrested on charges of DUI.
He allegedly offered a police officer $500 to let him go. He provided breath samples that were about two and a half times the legal limit. He was cited for DUI and reckless driving and released to a sober relative.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Arlington rally calls attention to victims of Snohomish County DUIs
By Katya Yefimova
Herald Writer
ARLINGTON — In August 2004, Dawn Bruce made a decision she will regret for the rest of her life.
She drove drunk. She was in a crash. Her 5-year-old daughter Destiny lost her life.
Bruce, 48, of Snohomish, never intended to go anywhere that night, but circumstances pushed her to get behind the wheel. She pleaded guilty to vehicular homicide and thought long and hard about her life while in prison.
When she got out, she joined the Snohomish County DUI Victim Panel.
Bruce and about 10 other advocates held a peaceful protest against drunk driving on Saturday morning at the I-5 overpass at the Arlington exit.
A few hours earlier, a 26-year-old Arlington man was hit and killed early in the morning by an alleged drunk driver.
The man was walking in the 10400 block of Smokey Point Boulevard just after 2 a.m. when a driver struck him and left the scene, Marysville police Cmdr. Robb Lamoureux said. When medics arrived, passersby were performing CPR but the man couldn't be revived.
Meanwhile, a Washington State Patrol trooper stopped a vehicle speeding in the area. The driver asked the trooper what he had hit, and the trooper contacted Marysville police.
The driver, 34, of Marysville, allegedly had a blood alcohol level of .177, Lamoureux said. That's more than twice the legal limit.
The man was booked into the Snohomish County Jail for investigation of vehicular homicide. The victim's name wasn't immediately released.
The death came just days after prosecutors charged another man in what officials have called the worst drunken-driving crash in Snohomish County's recent memory.
Investigators say Matthew McDonald, 27, was drunk when he ran a stop sign at Highway 9 near Marysville Nov. 29, smashing into a Hyundai carrying two Clearview couples. McDonald allegedly had a blood alcohol level of .123. Prosecutors on Wednesday charged him with four counts of vehicular homicide.
For Bruce, telling her story became a way to reach others. “I want to raise awareness to honor my daughter and try to make a difference in somebody else's life,” she said.
Bruce has been involved with the victims panel for more than three years, speaking at schools and events.
She doesn't drink anymore and tells her friends they can always count on her for a safe ride home.
“In the blink of an eye, your whole life can change,” she said. “To know that my actions caused the death of my child; that's an awful thing to live with.”
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Herald Writer
ARLINGTON — In August 2004, Dawn Bruce made a decision she will regret for the rest of her life.
She drove drunk. She was in a crash. Her 5-year-old daughter Destiny lost her life.
Bruce, 48, of Snohomish, never intended to go anywhere that night, but circumstances pushed her to get behind the wheel. She pleaded guilty to vehicular homicide and thought long and hard about her life while in prison.
When she got out, she joined the Snohomish County DUI Victim Panel.
Bruce and about 10 other advocates held a peaceful protest against drunk driving on Saturday morning at the I-5 overpass at the Arlington exit.
A few hours earlier, a 26-year-old Arlington man was hit and killed early in the morning by an alleged drunk driver.
The man was walking in the 10400 block of Smokey Point Boulevard just after 2 a.m. when a driver struck him and left the scene, Marysville police Cmdr. Robb Lamoureux said. When medics arrived, passersby were performing CPR but the man couldn't be revived.
Meanwhile, a Washington State Patrol trooper stopped a vehicle speeding in the area. The driver asked the trooper what he had hit, and the trooper contacted Marysville police.
The driver, 34, of Marysville, allegedly had a blood alcohol level of .177, Lamoureux said. That's more than twice the legal limit.
The man was booked into the Snohomish County Jail for investigation of vehicular homicide. The victim's name wasn't immediately released.
The death came just days after prosecutors charged another man in what officials have called the worst drunken-driving crash in Snohomish County's recent memory.
Investigators say Matthew McDonald, 27, was drunk when he ran a stop sign at Highway 9 near Marysville Nov. 29, smashing into a Hyundai carrying two Clearview couples. McDonald allegedly had a blood alcohol level of .123. Prosecutors on Wednesday charged him with four counts of vehicular homicide.
For Bruce, telling her story became a way to reach others. “I want to raise awareness to honor my daughter and try to make a difference in somebody else's life,” she said.
Bruce has been involved with the victims panel for more than three years, speaking at schools and events.
She doesn't drink anymore and tells her friends they can always count on her for a safe ride home.
“In the blink of an eye, your whole life can change,” she said. “To know that my actions caused the death of my child; that's an awful thing to live with.”
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
257 Snohomish County DUI arrests over the New Year
257 arrests, no deaths was the report from DUIs over the New Year in Snohomish County.
The Washington State Patrol says 257 drivers in the state began 2010 with a DUI arrest.
The busts were made between 4 p.m. Dec. 31 and midnight on Jan. 3, the patrol said.
Of those 257, 33 were involved in collisions, none resulting in death. Some agencies are continuing investigations and have not submitted their reports, the patrol says.
During the same period in 2009, the state logged 291 DUI arrests, 42 alcohol-related collisions and five fatalities connected with drunk driving.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
The Washington State Patrol says 257 drivers in the state began 2010 with a DUI arrest.
The busts were made between 4 p.m. Dec. 31 and midnight on Jan. 3, the patrol said.
Of those 257, 33 were involved in collisions, none resulting in death. Some agencies are continuing investigations and have not submitted their reports, the patrol says.
During the same period in 2009, the state logged 291 DUI arrests, 42 alcohol-related collisions and five fatalities connected with drunk driving.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Man Charged in Snohomish County had 6 DUIs
By Diana Hefley
Herald Writer
LYNNWOOD — A Snohomish man first told a Snohomish County sheriff’s deputy he drank just one beer before climbing behind the wheel of his pickup truck.
He later changed the count. He had three beers.
Kelly Jay Zellman reeked of alcohol, slurred his words when he talked and stumbled out of his truck, a sheriff’s sergeant reported.
A breath test turned up a blood alcohol level of 0.203 — well over the 0.08 legal limit.
Prosecutors say since 1985 Zellman has racked up six drunken driving convictions, plus eight felonies and 39 misdemeanor convictions.
Zellman was charged Thursday with drug possession, a felony.
He turned 42 last month.
His latest brush with the law happened Jan. 4 as he was driving down Highway 99, court papers said.
A sheriff’s sergeant saw him drive across two lanes of traffic, make a U-turn and head the opposite direction. The driver turned off the highway, swerving into oncoming traffic. Zellman eventually stopped at an apartment complex, where he parked his truck across two spaces.
Zellman stumbled out of his truck. He first ignored the officer’s commands to show his hands. Instead, he attempted to get back in the truck, court papers said.
The sergeant asked Zellman if he’d been drinking. He said he’d had one beer.
He handed over his identification card and told the sergeant his license was suspended.
The sergeant learned from a dispatcher that Zellman had a warrant for his arrest. He was wanted for failing to pay child support.
Zellman, well-acquainted with jail, didn’t want to be arrested. He pulled away from the sergeant as he tried to handcuff him, court papers said.
The sergeant radioed for back-up. In the meantime, a bystander helped the sergeant handcuff Zellman.
Zellman was searched and that’s when police allegedly found eight oxycodone pills inside his pocket.
He pleaded not guilty to the drug charge Friday in Snohomish County Superior Court.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Herald Writer
LYNNWOOD — A Snohomish man first told a Snohomish County sheriff’s deputy he drank just one beer before climbing behind the wheel of his pickup truck.
He later changed the count. He had three beers.
Kelly Jay Zellman reeked of alcohol, slurred his words when he talked and stumbled out of his truck, a sheriff’s sergeant reported.
A breath test turned up a blood alcohol level of 0.203 — well over the 0.08 legal limit.
Prosecutors say since 1985 Zellman has racked up six drunken driving convictions, plus eight felonies and 39 misdemeanor convictions.
Zellman was charged Thursday with drug possession, a felony.
He turned 42 last month.
His latest brush with the law happened Jan. 4 as he was driving down Highway 99, court papers said.
A sheriff’s sergeant saw him drive across two lanes of traffic, make a U-turn and head the opposite direction. The driver turned off the highway, swerving into oncoming traffic. Zellman eventually stopped at an apartment complex, where he parked his truck across two spaces.
Zellman stumbled out of his truck. He first ignored the officer’s commands to show his hands. Instead, he attempted to get back in the truck, court papers said.
The sergeant asked Zellman if he’d been drinking. He said he’d had one beer.
He handed over his identification card and told the sergeant his license was suspended.
The sergeant learned from a dispatcher that Zellman had a warrant for his arrest. He was wanted for failing to pay child support.
Zellman, well-acquainted with jail, didn’t want to be arrested. He pulled away from the sergeant as he tried to handcuff him, court papers said.
The sergeant radioed for back-up. In the meantime, a bystander helped the sergeant handcuff Zellman.
Zellman was searched and that’s when police allegedly found eight oxycodone pills inside his pocket.
He pleaded not guilty to the drug charge Friday in Snohomish County Superior Court.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Judge denies bail to Snohomish County DUI suspect
This article is from the Everett Herald and involves an Everett DUI and a Lynnwood DUI. If you have been charged with a DUI DO NOT consume alcohol while you are awaiting your case's disposition.
By Diana Hefley
Herald Writer
EVERETT — A Seattle man charged with drunken driving will remain behind bars without any chance to bail out after a Snohomish County Superior Court judge ruled that a lower court had legal authority to deny the man bail because he was convicted of another crime while awaiting trial.
Attorneys for Israel Hinojosa argued that their client has the state Constitution on his side. A District Court judge didn’t have the right to order him held without bail before he’s had a fair trial, they contend.
Bail isn’t supposed to be punishment. It is set to assure people show up to their court hearings. A high bail also is a means to assure public safety if there’s a possibility the defendant may commit a violent crime, intimidate a witness or interfere with the court.
The state Constitution guarantees that people, before they are convicted of a crime, have the right to bail, public defender Sara Ayoubi wrote in a petition. The Constitution says no-bail orders are reserved only for defendants who are charged with aggravated murder where proof is evident, she wrote.
Ayoubi filed a petition last week asking a Superior Court judge to order Judge Jeffrey Goodwin to set bail for Hinojosa. Goodwin presides in the south division of the county’s District Court.
Prosecutors opposed the petition, arguing that judges do have discretion to deny bail for people who have broken the rules.
The Constitutional right to bail has exceptions as seen in other cases decided by the courts, Snohomish County deputy prosecutor Charles Blackman wrote in court papers. The right is not absolute, he said.
Superior Court Judge Eric Lucas agreed with Blackman.
Judges have the inherent power to deny bail when there is a willful violation of the conditions of release, Lucas said. Hinojosa also demonstrated that he was a danger to the community, the judge said.
Hinojosa, 40, was charged in June with misdemeanor drunken driving stemming from traffic stop in May south of Everett. Prosecutors allege that he had a blood alcohol level of .129. The legal limit is .08.
Hinojosa was arraigned in District Court in Lynnwood. He was released on his own personal recognizance and not required to post any bail. He was ordered not to drink alcohol or commit any new crimes.
A week later, Hinojosa was arrested on suspicion of drunken driving in King County. He was later charged there with drunken driving.
He showed up for hearings in Lynnwood on the Snohomish County case in September and November and was allowed to remain out of custody for seven months.
He pleaded guilty Jan. 5 to the King County drunken-driving charge. Later that week, he showed up for a hearing in Lynnwood. That’s when Goodwin ordered Hinojosa taken into custody and held without bail.
The judge said Hinojosa violated the terms of his release by being convicted of drunken driving in King County.
Ayoubi argued this week that there were no grounds for the judge’s decision.
Hinojosa was advised at his Snohomish County arraignment that if he violated the conditions of his release he would forfeit any bail or bond posted. He also could be ordered to appear back in court or there would be a bench warrant for his arrest.
Nowhere was he told that he could be jailed without bail, she argued.
“There is a limitation on what a judge can do,” Ayoubi said.
Veteran public defender Sonja Hardenbrook said she’s never seen a case where a man charged with a misdemeanor is ordered held without bail before conviction.
Even in most murder cases bail is set, she said.
Her office is concerned that people charged with a misdemeanor will be locked up for long stretches while their cases are resolved, Hardenbrook said. That could mean they spend more time in jail than they might be sentenced to if they were convicted.
Earlier this month, Gov. Chris Gregoire announced her support for a Constitutional amendment that would give judges more discretion to deny people bail. The announcement came in response to the death of four Lakewood police officers at the hands of a convicted felon who was out on bail.
State lawmakers are proposing changes to the Constitution that would allow judges to deny a person bail before trial if the judge believes that is the only way to assure public safety.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
By Diana Hefley
Herald Writer
EVERETT — A Seattle man charged with drunken driving will remain behind bars without any chance to bail out after a Snohomish County Superior Court judge ruled that a lower court had legal authority to deny the man bail because he was convicted of another crime while awaiting trial.
Attorneys for Israel Hinojosa argued that their client has the state Constitution on his side. A District Court judge didn’t have the right to order him held without bail before he’s had a fair trial, they contend.
Bail isn’t supposed to be punishment. It is set to assure people show up to their court hearings. A high bail also is a means to assure public safety if there’s a possibility the defendant may commit a violent crime, intimidate a witness or interfere with the court.
The state Constitution guarantees that people, before they are convicted of a crime, have the right to bail, public defender Sara Ayoubi wrote in a petition. The Constitution says no-bail orders are reserved only for defendants who are charged with aggravated murder where proof is evident, she wrote.
Ayoubi filed a petition last week asking a Superior Court judge to order Judge Jeffrey Goodwin to set bail for Hinojosa. Goodwin presides in the south division of the county’s District Court.
Prosecutors opposed the petition, arguing that judges do have discretion to deny bail for people who have broken the rules.
The Constitutional right to bail has exceptions as seen in other cases decided by the courts, Snohomish County deputy prosecutor Charles Blackman wrote in court papers. The right is not absolute, he said.
Superior Court Judge Eric Lucas agreed with Blackman.
Judges have the inherent power to deny bail when there is a willful violation of the conditions of release, Lucas said. Hinojosa also demonstrated that he was a danger to the community, the judge said.
Hinojosa, 40, was charged in June with misdemeanor drunken driving stemming from traffic stop in May south of Everett. Prosecutors allege that he had a blood alcohol level of .129. The legal limit is .08.
Hinojosa was arraigned in District Court in Lynnwood. He was released on his own personal recognizance and not required to post any bail. He was ordered not to drink alcohol or commit any new crimes.
A week later, Hinojosa was arrested on suspicion of drunken driving in King County. He was later charged there with drunken driving.
He showed up for hearings in Lynnwood on the Snohomish County case in September and November and was allowed to remain out of custody for seven months.
He pleaded guilty Jan. 5 to the King County drunken-driving charge. Later that week, he showed up for a hearing in Lynnwood. That’s when Goodwin ordered Hinojosa taken into custody and held without bail.
The judge said Hinojosa violated the terms of his release by being convicted of drunken driving in King County.
Ayoubi argued this week that there were no grounds for the judge’s decision.
Hinojosa was advised at his Snohomish County arraignment that if he violated the conditions of his release he would forfeit any bail or bond posted. He also could be ordered to appear back in court or there would be a bench warrant for his arrest.
Nowhere was he told that he could be jailed without bail, she argued.
“There is a limitation on what a judge can do,” Ayoubi said.
Veteran public defender Sonja Hardenbrook said she’s never seen a case where a man charged with a misdemeanor is ordered held without bail before conviction.
Even in most murder cases bail is set, she said.
Her office is concerned that people charged with a misdemeanor will be locked up for long stretches while their cases are resolved, Hardenbrook said. That could mean they spend more time in jail than they might be sentenced to if they were convicted.
Earlier this month, Gov. Chris Gregoire announced her support for a Constitutional amendment that would give judges more discretion to deny people bail. The announcement came in response to the death of four Lakewood police officers at the hands of a convicted felon who was out on bail.
State lawmakers are proposing changes to the Constitution that would allow judges to deny a person bail before trial if the judge believes that is the only way to assure public safety.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Skagit County DUIs - Blood Draws
If you have been arrested for DUI one question you probably have is when will I have to go to court. In Skagit County DUIs, and for that matter Island County DUIs, if you provide a breath sample you'll go to court within days of your arrest. However, if you submit to a blood draw it will take weeks to go to court. The reason is that your blood will be sent to the Washington State Toxicology lab for evaluation and the results are then sent to the prosecutors office. This will take weeks so keep your eye on your mail for a summons.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Snohomish County DUIs - Arrested now but Charged Much Later
If you have been arrested for DUI in Snohomish County for a DUI by a Washington State Trooper or Deputy Sheriff you may immediately wonder when you'll appear in court. The answer is simple: you will not appear in court for many weeks. Unlike unlike counties such as Island County or Skagit County, in Snohomish County the DUI report is completed by the Trooper or Sheriff and turned over to the Snohomish County Prosecuting Attorney's office for review and filing. The Prosecutor's office will then file charges against you later and you will only find out about your court date by way of a summons in the mail - which will arrive 4-8 weeks later. In comparison, Island County DUIs or Skagit County DUIs are immediately filed and you'll be required to appear in court within several days. Word to the wise.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Driver phone bans´ impact doubted
By Larry Copeland, USA TODAY
A national crackdown on distracted driving takes an unexpected turn today. A new study shows that the number of traffic crashes did not drop in three states and the District of Columbia after they banned drivers from using handheld cellphones.
The Highway Loss Data Institute (HLDI), an affiliate of the Insurance Institute for Highway Safety (IIHS), examined insurance claims for crash damage in New York, Connecticut, California and Washington, D.C., before and after handheld bans took effect and found no reduction in crashes.
"Absolutely, we were surprised by these results," says Adrian Lund, president of IIHS and HLDI. An Insurance Institute study in 2000 found that drivers talking on cellphones were four times as likely to crash as drivers not using phones. "The key finding is that crashes aren't going down where handheld phone use has been banned," Lund says. "This finding doesn't augur well for any safety payoff from all the new laws that ban phone use and texting while driving."
Lund, who says more research is needed, says crash rates might have stayed the same because people switched to hands-free devices after handheld phones were banned. "We know that people talking hands-free are really not much safer than people talking handheld," he says.
California, Connecticut, New Jersey, New York, Oregon, Washington and the District of Columbia ban the use of handheld cellphones while driving.
The Governors Highway Safety Association (GHSA) and auto club AAA said the study's implications were unclear. Both also said the findings should not be interpreted to suggest that banning texting while driving would be ineffective.
"The study raises as many questions as it answers," says GHSA executive director Barbara Harsha. "We know that handheld cellphone use goes down when it is banned, but we don't know if this translates into fewer crashes."
She says the association, which represents highway safety offices in the 50 states, "urges states to pass texting bans but hold off on addressing other cell use until some clarity is achieved."
Justin McNaull, director of state relations for AAA, says the group's aggressive lobbying for state bans on texting will continue. "Texting's different from talking on the phone," he says. "Texting takes people's eyes off the road for seconds at a time when they're oblivious to what's going on around them."
The new study comes as more states are moving to ban texting while driving. Legislatures in 23 states are considering such restrictions; 10 of those states already restrict texting by novice drivers. Nineteen states and the District of Columbia ban it for all drivers.
The federal government this week banned texting on handheld devices for bus drivers and commercial truckers, and three senators are pushing legislation that would penalize states financially if they don't ban it.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
A national crackdown on distracted driving takes an unexpected turn today. A new study shows that the number of traffic crashes did not drop in three states and the District of Columbia after they banned drivers from using handheld cellphones.
The Highway Loss Data Institute (HLDI), an affiliate of the Insurance Institute for Highway Safety (IIHS), examined insurance claims for crash damage in New York, Connecticut, California and Washington, D.C., before and after handheld bans took effect and found no reduction in crashes.
"Absolutely, we were surprised by these results," says Adrian Lund, president of IIHS and HLDI. An Insurance Institute study in 2000 found that drivers talking on cellphones were four times as likely to crash as drivers not using phones. "The key finding is that crashes aren't going down where handheld phone use has been banned," Lund says. "This finding doesn't augur well for any safety payoff from all the new laws that ban phone use and texting while driving."
Lund, who says more research is needed, says crash rates might have stayed the same because people switched to hands-free devices after handheld phones were banned. "We know that people talking hands-free are really not much safer than people talking handheld," he says.
California, Connecticut, New Jersey, New York, Oregon, Washington and the District of Columbia ban the use of handheld cellphones while driving.
The Governors Highway Safety Association (GHSA) and auto club AAA said the study's implications were unclear. Both also said the findings should not be interpreted to suggest that banning texting while driving would be ineffective.
"The study raises as many questions as it answers," says GHSA executive director Barbara Harsha. "We know that handheld cellphone use goes down when it is banned, but we don't know if this translates into fewer crashes."
She says the association, which represents highway safety offices in the 50 states, "urges states to pass texting bans but hold off on addressing other cell use until some clarity is achieved."
Justin McNaull, director of state relations for AAA, says the group's aggressive lobbying for state bans on texting will continue. "Texting's different from talking on the phone," he says. "Texting takes people's eyes off the road for seconds at a time when they're oblivious to what's going on around them."
The new study comes as more states are moving to ban texting while driving. Legislatures in 23 states are considering such restrictions; 10 of those states already restrict texting by novice drivers. Nineteen states and the District of Columbia ban it for all drivers.
The federal government this week banned texting on handheld devices for bus drivers and commercial truckers, and three senators are pushing legislation that would penalize states financially if they don't ban it.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Thursday, January 28, 2010
Group Questions the Cost of DUI Checkpoints
Sobriety checkpoints challenged as a waste of tax dollars.
The holidays are a time of year when law enforcement agencies increasingly target drunk drivers. In keeping with that effort, the federal government, along with Mothers Against Drunk Driving, launched a new anti-DUI campaign this week. During a joint news conference, it was stated that one in four fatal automobile accidents occur during the last two weeks of December and that DUI checkpoints were a way of changing that statistic.
The American Beverage Institute has questioned that tactic, saying there are much more effective tools for fighting incidents of driving under the influence. The spokesperson for ABI said that sobriety checkpoints, often paid for with tax dollars distributed through federal grants, are more of a public relations campaign than a truly effective mechanism to catch drunk drivers. The cost of setting up a checkpoint and paying police officers over-time pay can run many thousands of dollars. The ABI goes on to point out that usually checkpoint locations are highly publicized, meaning chronic abusers avoid the area and the police then target socially responsible drinkers who are driving with a blood alcohol content below the legal limit. The actual numbers of DUI arrests from sobriety checkpoints are generally very low. One recent news article from Florida cited 696 motorists being checked or detained with only one DUI arrest. Many net no arrests.
ABI advocates the more responsible and less expensive approach of conducting roving saturation patrols. That tactic focuses equipment and manpower in high-DUI areas, and offers the flexibility to react to traffic and field conditions. The officers are trained to identify signs of potential impairment in motorists.
Many law enforcement agencies agree with the increased effectiveness of roving patrols, but still conduct sobriety checkpoints because of available federal funds.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Review of the book "DUI/DWI: The History of Driving Under the Influence"
This review was posted on Amazon.com reviewing the book, "DUI/DWI: The History of Driving Under the Influence."
Incredible information
January 18, 2010
By Reader Views "www.readerviews.com" (Austin, Texas) - See all my reviews
Reviewed by Carol Hoyer, PhD, for Reader Views (01/10)
As a Psychologist teaching substance abuse classes to college students online, I found this book to be full of valuable information and facts on DUI/DWI's, the development of law enforcement, and the development of BAC testing. As I started reading this book on a plane back from MS, I was highlighting almost the whole book on information I thought my students would like to know. In addition, I was sitting next to a deputy sheriff from VA and this book sparked quite an interesting conversation.
Mr. Jolly, an attorney, has done an excellent job of providing well-researched information on the history of how we came about with driving under the influence laws. I honestly couldn't put the book down. I found each and every chapter to have valuable information. One chapter on DUI Investigations was absolutely filled with information I would have never thought of. In this chapter he talks about how officers make determinations to stop someone to check for alcohol intoxication, how field sobriety tests work, and great information on Horizontal Gaze Nystagmus (rhythmic back and forth oscillation of the eyeball). He also goes into great detail about how law enforcement determines blood alcohol.
One can tell the author knows his subject very well and has done excellent research on this topic. Each chapter has supporting research, criticisms of some of the ways the law determines driving under the influence and gives examples of what drivers do that get them caught.
I think anyone in a field that works with individuals who are under the influence of drugs or alcohol will find this information fascinating. In addition, the author provides his information in a language anyone can understand. I will recommend "DUI/DWI: The History of Driving Under the Influence" by David N. Jolly to my students as a great resource for their library and will be using this information to give them a more rounded look at this topic.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Incredible information
January 18, 2010
By Reader Views "www.readerviews.com" (Austin, Texas) - See all my reviews
Reviewed by Carol Hoyer, PhD, for Reader Views (01/10)
As a Psychologist teaching substance abuse classes to college students online, I found this book to be full of valuable information and facts on DUI/DWI's, the development of law enforcement, and the development of BAC testing. As I started reading this book on a plane back from MS, I was highlighting almost the whole book on information I thought my students would like to know. In addition, I was sitting next to a deputy sheriff from VA and this book sparked quite an interesting conversation.
Mr. Jolly, an attorney, has done an excellent job of providing well-researched information on the history of how we came about with driving under the influence laws. I honestly couldn't put the book down. I found each and every chapter to have valuable information. One chapter on DUI Investigations was absolutely filled with information I would have never thought of. In this chapter he talks about how officers make determinations to stop someone to check for alcohol intoxication, how field sobriety tests work, and great information on Horizontal Gaze Nystagmus (rhythmic back and forth oscillation of the eyeball). He also goes into great detail about how law enforcement determines blood alcohol.
One can tell the author knows his subject very well and has done excellent research on this topic. Each chapter has supporting research, criticisms of some of the ways the law determines driving under the influence and gives examples of what drivers do that get them caught.
I think anyone in a field that works with individuals who are under the influence of drugs or alcohol will find this information fascinating. In addition, the author provides his information in a language anyone can understand. I will recommend "DUI/DWI: The History of Driving Under the Influence" by David N. Jolly to my students as a great resource for their library and will be using this information to give them a more rounded look at this topic.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Review of the book, "DUI/DWI: The History of Driving Under the Influence"
This review was posted on Amazon.com reviewing the book, "DUI/DWI: The History of Driving Under the Influence."
Incredible information
January 18, 2010
By Reader Views "www.readerviews.com" (Austin, Texas) - See all my reviews
Reviewed by Carol Hoyer, PhD, for Reader Views (01/10)
As a Psychologist teaching substance abuse classes to college students online, I found this book to be full of valuable information and facts on DUI/DWI's, the development of law enforcement, and the development of BAC testing. As I started reading this book on a plane back from MS, I was highlighting almost the whole book on information I thought my students would like to know. In addition, I was sitting next to a deputy sheriff from VA and this book sparked quite an interesting conversation.
Mr. Jolly, an attorney, has done an excellent job of providing well-researched information on the history of how we came about with driving under the influence laws. I honestly couldn't put the book down. I found each and every chapter to have valuable information. One chapter on DUI Investigations was absolutely filled with information I would have never thought of. In this chapter he talks about how officers make determinations to stop someone to check for alcohol intoxication, how field sobriety tests work, and great information on Horizontal Gaze Nystagmus (rhythmic back and forth oscillation of the eyeball). He also goes into great detail about how law enforcement determines blood alcohol.
One can tell the author knows his subject very well and has done excellent research on this topic. Each chapter has supporting research, criticisms of some of the ways the law determines driving under the influence and gives examples of what drivers do that get them caught.
I think anyone in a field that works with individuals who are under the influence of drugs or alcohol will find this information fascinating. In addition, the author provides his information in a language anyone can understand. I will recommend "DUI/DWI: The History of Driving Under the Influence" by David N. Jolly to my students as a great resource for their library and will be using this information to give them a more rounded look at this topic.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Incredible information
January 18, 2010
By Reader Views "www.readerviews.com" (Austin, Texas) - See all my reviews
Reviewed by Carol Hoyer, PhD, for Reader Views (01/10)
As a Psychologist teaching substance abuse classes to college students online, I found this book to be full of valuable information and facts on DUI/DWI's, the development of law enforcement, and the development of BAC testing. As I started reading this book on a plane back from MS, I was highlighting almost the whole book on information I thought my students would like to know. In addition, I was sitting next to a deputy sheriff from VA and this book sparked quite an interesting conversation.
Mr. Jolly, an attorney, has done an excellent job of providing well-researched information on the history of how we came about with driving under the influence laws. I honestly couldn't put the book down. I found each and every chapter to have valuable information. One chapter on DUI Investigations was absolutely filled with information I would have never thought of. In this chapter he talks about how officers make determinations to stop someone to check for alcohol intoxication, how field sobriety tests work, and great information on Horizontal Gaze Nystagmus (rhythmic back and forth oscillation of the eyeball). He also goes into great detail about how law enforcement determines blood alcohol.
One can tell the author knows his subject very well and has done excellent research on this topic. Each chapter has supporting research, criticisms of some of the ways the law determines driving under the influence and gives examples of what drivers do that get them caught.
I think anyone in a field that works with individuals who are under the influence of drugs or alcohol will find this information fascinating. In addition, the author provides his information in a language anyone can understand. I will recommend "DUI/DWI: The History of Driving Under the Influence" by David N. Jolly to my students as a great resource for their library and will be using this information to give them a more rounded look at this topic.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Skagit County DUIs-your first court appearance
Without exception, in Skagit County you must appear in court within only a few days of your arrest for DUI. This is not the case in every county but is in Skagit County. Therefore you must pay attention to the citation that is given to you by the officer after he processes you for DUI. On this citation you will find the court date and time on the lower left area of the yellow (golden rod) citation. DO NOT throw this citation out and immediately check where and when you should appear in court. The danger of missing this court date in Skagit County is that the judge will issue a bench warrant for your arrest - not the best way to start defending the charge of DUI.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Department of Licensing - God Help Us All
If you have received a license suspension or are planning on entering a Deferred Prosecution Petition you will have to deal with the Department of Licensing and their Ignition Interlock License. In principal the program is a good one but in practice, buyer beware. This is particularly the case with the Deferred Prosecution program. Every court demands different things with the deferred prosectuion program and the ignition interlock license - be sure you talk with your attorney about this before you find out the hard way.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Wednesday, January 27, 2010
By Gene Johnson
AP Legal Affairs Writer
Despite misconduct at the State Patrol's toxicology lab, results of breath tests may be used against dozens of drunken driving defendants in Skagit County, two judges ruled to — a decision that could weigh heavily on judges considering the issue around the state.
Skagit County District Court Judges David A. Svaren and Warren M. Gilbert strongly criticized the lab in their opinion, and accused its director, Dr. Barry Logan, of misconduct, saying they did not believe him when he claimed not to know that a lab manager was falsely certifying test results.
But in the 51 DUI cases at issue, there was no evidence that the misconduct affected the results of breath tests given to the defendants, the judges said. They noted that the defendants are free to attack the credibility of the tests in court.
"When seeking dismissal of charges or suppression of evidence, it is not enough to merely show that there was governmental misconduct or sloppy procedures," Svaren and Gilbert wrote. "The misconduct or procedures must detrimentally affect the person seeking the remedy."
The State Patrol welcomed the ruling and said that while errors were made, they directly affected only eight cases in Spokane County. Chief John Batiste continues to have confidence in the lab and in Logan, and there is no evidence Logan intentionally did anything wrong, said Patrol Capt. Jeff DeVere.
"The defense bar has made a very big issue out of some very minor errors," he said. "This situation has afforded us the ability to make the crime lab even better than it is by rectifying the errors."
The ruling followed three days of testimony earlier this month, and defense attorneys plan to submit the transcript of the hearing to other judges around the state in cases where the admissibility of the breath tests is being challenged. Such hearings are scheduled for Oct. 31 in Snohomish County and Nov. 19 in King County. Those judges may consider, but are not bound by, the Skagit County ruling.
"I'm pleased with the findings there was misconduct," said Bellevue lawyer Bill Bowman, who represented many of the Skagit defendants. "I'm obviously disappointed the court didn't hold the toxicology lab accountable. I'm concerned the message is you can engage in fraudulent activity and be sloppy in the results you produce, but there is no consequence for that."
Bowman said he would probably file a motion for reconsideration with the court.
The controversy stemmed from allegations that a former toxicology lab manager, Ann Marie Gordon, falsely claimed to have verified solutions used for breath-testing in drunken driving cases. Gordon resigned in July, after a whistle-blower reported that she had falsely signed affidavits saying she had tested the quality-assurance samples, when in reality those tests had been performed by someone else.
The judges took issue with Logan for claiming not to have thought about whether it was proper for Gordon to be signing certifications for tests she didn't perform.
"The court finds Dr. Logan's statement that he did not consider that Ms. Gordon was signing certifications incredible given his knowledge that she was not conducting her own testing and in light of his presumed knowledge of the procedures followed in the toxicology lab," they wrote, adding that Logan's actions appeared to constitute "governmental misconduct."
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. For information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
AP Legal Affairs Writer
Despite misconduct at the State Patrol's toxicology lab, results of breath tests may be used against dozens of drunken driving defendants in Skagit County, two judges ruled to — a decision that could weigh heavily on judges considering the issue around the state.
Skagit County District Court Judges David A. Svaren and Warren M. Gilbert strongly criticized the lab in their opinion, and accused its director, Dr. Barry Logan, of misconduct, saying they did not believe him when he claimed not to know that a lab manager was falsely certifying test results.
But in the 51 DUI cases at issue, there was no evidence that the misconduct affected the results of breath tests given to the defendants, the judges said. They noted that the defendants are free to attack the credibility of the tests in court.
"When seeking dismissal of charges or suppression of evidence, it is not enough to merely show that there was governmental misconduct or sloppy procedures," Svaren and Gilbert wrote. "The misconduct or procedures must detrimentally affect the person seeking the remedy."
The State Patrol welcomed the ruling and said that while errors were made, they directly affected only eight cases in Spokane County. Chief John Batiste continues to have confidence in the lab and in Logan, and there is no evidence Logan intentionally did anything wrong, said Patrol Capt. Jeff DeVere.
"The defense bar has made a very big issue out of some very minor errors," he said. "This situation has afforded us the ability to make the crime lab even better than it is by rectifying the errors."
The ruling followed three days of testimony earlier this month, and defense attorneys plan to submit the transcript of the hearing to other judges around the state in cases where the admissibility of the breath tests is being challenged. Such hearings are scheduled for Oct. 31 in Snohomish County and Nov. 19 in King County. Those judges may consider, but are not bound by, the Skagit County ruling.
"I'm pleased with the findings there was misconduct," said Bellevue lawyer Bill Bowman, who represented many of the Skagit defendants. "I'm obviously disappointed the court didn't hold the toxicology lab accountable. I'm concerned the message is you can engage in fraudulent activity and be sloppy in the results you produce, but there is no consequence for that."
Bowman said he would probably file a motion for reconsideration with the court.
The controversy stemmed from allegations that a former toxicology lab manager, Ann Marie Gordon, falsely claimed to have verified solutions used for breath-testing in drunken driving cases. Gordon resigned in July, after a whistle-blower reported that she had falsely signed affidavits saying she had tested the quality-assurance samples, when in reality those tests had been performed by someone else.
The judges took issue with Logan for claiming not to have thought about whether it was proper for Gordon to be signing certifications for tests she didn't perform.
"The court finds Dr. Logan's statement that he did not consider that Ms. Gordon was signing certifications incredible given his knowledge that she was not conducting her own testing and in light of his presumed knowledge of the procedures followed in the toxicology lab," they wrote, adding that Logan's actions appeared to constitute "governmental misconduct."
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. For information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Skagit County DUI Lawyers
We are proud to be Skagit County's only multiple attorney law firm that focuses solely on the practice of DUI. It's all we do. Because it is our focus there is not any component of DUI law that we have faced nor is there any element of DUI defense that we have not encountered. Please contact us for information about your Skagit County DUI.
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. For information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. For information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
Skagit County DUIs - Conditions of Release
If you have been charged with a DUI in Skagit County beware! If your BAC is high or if there is an accident or, most importantly, if the new DUI is not your first there is a very good chance the Skagit County Judge will impose strict conditions of release. These conditions may include meeting with Probation weekly, the installation of an ignition interlock device, or even jail. Word to the wise, talk to a Skagit County DUI attorney before you to court.
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. For information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. For information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Anacortes Court in Skagity County Welcomes New Prosecutor
Effective January 1, 2010, the City of Anacortes welcomed a change of prosecuting attorneys. Mr. Craig Cammock is now the prosecuting attorney for the City and will handle all of the misdemeanor cases for the City.
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. For information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. For information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Ode to the City of Anacortes, Skagit County Prosecutor
On December 1, 2009, the City of Anacortes said good-bye to prosecuting attorney Mr. Steven Mansfield. He has always been the most professional of prosecutors and in my opinion, the best prosecuting attorney I have ever dealt with. He was always professional, caring, and doing the work for which prosecutors should look up to. More importantly, he is a wonderful man. We wish you the very best in your retirement Steve. You deserve it.
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. For information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. For information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
New Anacortes, Skagit County Judge
If you have been charged with a DUI it is imperative to know who the Judge is so that you can prepare a defense and argument around this particular Judge's wants and opinions. Therefore if you have been charged with a DUI in Anacortes, Skagit County, it is important to note that a new Judge has been appointed for the municipal court for 2010. Judge David Svaren is now the Judge replacing Commissioner Dianne Goddard. Good luck!
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. For information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. For information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Tuesday, January 26, 2010
DUI videos
The Law Firm of David N. Jolly is pleased to announce that we will shortly be offering detailed videos of the DUI process that will be available to all on our website, http://www.washdui.com/ and on YouTube. These videos are currently in production and will be available for viewing during the month of February. Please check back to view these valuable and information DUI videos.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Washington State DUIs - To Go To Trial or Not Go To Trial
In most DUI cases the person charged does not go to trial. This is the simple truth. Although there are no statistics provided by the court system it is fair to say that on average fewer than 1 DUI charged ends up going to a jury trial (private defense attorneys probably have a higher percentage of trials, but these are simply generalisations for the purpose of this article). However, there are some cases that lend themselves to the possibility of trial more than others. These cases include DUIs when the person charged "refuses" the breath test and there are field sobriety tests and also in cases where the breath test has been "suppressed" (thrown out) and there are field sobriety tests.
If the prosecuting attorney has not been willing to give an acceptable offer then the question is whether the case is worthy of a trial or not. There is no simple answer to this question unfortunately. Every case is different and many factors must be weighed in deciding whether a trial is worth the risk or not. Factors to consider are cost (do you want to spend more money on attorney fees for trial), are you willing to risk the possibility of a higher sentence (more jail) if convicted, were there passengers in your vehicle (possibly leading to more jail if convicted), was there an accident (again, increasing the chance of more jail if convicted), how well did you do on the field sobriety tests, are there any medical reasons for your appearance of intoxication, how good (experienced) is your attorney in trial, how well will the Officer testify, and how well will you testify in trial. The list goes on but these are very real questions to consider when contemplating trial. Most important is taking the time to talk about trial with your attorney and weighing the risks versus the benefits.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
If the prosecuting attorney has not been willing to give an acceptable offer then the question is whether the case is worthy of a trial or not. There is no simple answer to this question unfortunately. Every case is different and many factors must be weighed in deciding whether a trial is worth the risk or not. Factors to consider are cost (do you want to spend more money on attorney fees for trial), are you willing to risk the possibility of a higher sentence (more jail) if convicted, were there passengers in your vehicle (possibly leading to more jail if convicted), was there an accident (again, increasing the chance of more jail if convicted), how well did you do on the field sobriety tests, are there any medical reasons for your appearance of intoxication, how good (experienced) is your attorney in trial, how well will the Officer testify, and how well will you testify in trial. The list goes on but these are very real questions to consider when contemplating trial. Most important is taking the time to talk about trial with your attorney and weighing the risks versus the benefits.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Skagit County DUIs
If you have been unfortunate enough to have been charged with a DUI in Skagit County or a DUI in the included cities such as Mount Vernon, Burlington, Sedrow Wooley or Anacortes, you must act swiftly and seriously. All of these cities and Skagit County itself require you to be in court almost immediately to face the Judge for either an arraignment or a preliminary hearing. It is imperative that you do appear for if you do not a bench warrant will be issued. If for some reason you are not able to attend (ie. you are not from Washington State and are out of State the date of your first court appearance) you must immediately retain (hire) a DUI attorney to appear on your behalf in the Skagit County court in which you have been charged. The DUI attorney will put in a Notice of Appearance for you and request the court date be continued for you to appear at a later date (usually a week or two later). This does delay the inevitable but also avoids the issuance of a bench warrant.
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. Fof information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
For information on your DUI and in particular your DUI in Skagit County, your DUI in Mount Vernon, your DUI in Burlington, your DUI in Sedro Wooley or your DUI in Anacortes, please contact our Skagit County DUI attorneys at 1-360-293-2275. Fof information on DUIs in other counties please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Friday, January 15, 2010
Snohomish County bars top DUI list
Snohomish County bars top DUI list
Depending on whom you believe, Snohomish County is either home to five of the top 15 bars and taverns in the state that may have overserved customers this year or law-enforcement...
Note: This article originally ran in the Seattle Times several years ago, but still is an interesting read particularly in the Snohomish County DUI context
By Jennifer Sullivan
Times Snohomish County Bureau
Depending on whom you believe, Snohomish County is either home to five of the top 15 bars and taverns in the state that may have overserved customers this year or law-enforcement officers there are cracking down on the problem.
For the second time in two years, a Lynnwood tavern has topped the list as the bar most often named by drunken-driving suspects after they've been stopped and cited by police. Three Everett bars and a Bothell tavern also are on the list of the top 15 establishments that may have overserved customers, which is compiled by the Washington State Liquor Control Board.
While Daverthumps Pub & Galley was named by 54 drunken-driving suspects in 2004, Lynnwood police, State Patrol troopers and a senior enforcement officer with the Liquor Control Board say the top ranking is not entirely fair.
State Patrol Sgt. Rod Gullberg, who supervises the agency's breath-test section, said only 20 percent of police, deputies and troopers statewide are asking drunken-driving suspects where they were served. Gullberg said he has sent memos to troopers this year reminding them that asking suspects where they were drinking is one of the 14 questions required to be typed into a database by all law-enforcement officers when testing someone suspected of DUI.
"Some agencies do a better job than others," Gullberg said. "I can't say Snohomish County is doing a better job than others."
In the majority of the more than 40,000 DUI tests performed this year, officers are using a generic code — to either indicate drivers refused to say where they had been drinking, didn't recall where they were served or simply refused to answer — instead of naming the establishment they had been at, Gullberg said.
He thinks this is because many officers are in a hurry.
About a fourth of all breath tests in the state were performed in King County this year. Of the 15 bars named by the Liquor Control Board, one is in King County.
Kate Miyasato, senior enforcement officer for the Liquor Control Board's Northwest Region, said the list is only used for educational purposes. Businesses on the list aren't fined or punished; she said the hope is that law-enforcement and liquor-control officers will work closer with the bars to cut down on overservice.
"I think the reason Snohomish County is more prolific on the list is because we have more of a propensity to make DUI arrests," said Lynnwood police Sgt. Chuck Steichen. "There are agencies out there where there is no desire to push for DUI arrests."
In 2003, more DUI arrests were made in Lynnwood than in nearly any other city in the state, Steichen said. He said the department considers catching drunks a priority and finding out where the suspect has been drinking is a mandatory part of the process.
Don Mayfield, Daverthumps owner, doesn't fault Lynnwood police for doing their jobs but said his business is in a tough spot because police are so focused on drunken driving.
Mayfield said he's working closely with police and the Liquor Control Board to find ways to lower the number of drunken drivers leaving the bar. He said Daverthumps doesn't serve double shots or pitchers of beer after 12:30 a.m. and often talks patrons into finding alternate ways to get home to keep them from driving drunk.
"We probably do more than any other bar to curb overservice," Mayfield said.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Some cops get free passes when stopped for DUI
Some cops get free passes when stopped for DUI
By ERIC NALDER AND LEWIS KAMB
Seattle P-I -INVESTIGATIVE REPORTERS
An Island County sheriff's sergeant let a fellow deputy drive drunk down Whidbey Island's major highway during the tourist season after a breath test showed she was over the legal limit.
A state trooper let a Pierce County sheriff's deputy park his car to sleep it off. Minutes later the deputy took off, hitting speeds of nearly 80 miles per hour as he roared up Interstate 90, drifting in and out of traffic lanes.
Officers from two separate agencies openly discussed giving a pass to a Vancouver police officer suspected of driving drunk. Only when a supervisor intervened was an arrest made. But in the end, the officer didn't lose his license for refusing a breath test and wasn't prosecuted for driving drunk. A Kitsap County sheriff's deputy arrived drunk at her job but wasn't arrested by her colleagues after admitting she drank all night, then climbed in her car to drive to work.
"It is not a stranger; it is a friend," said Hawley, who was a charter member of a statewide board that oversees police officer licensing. "That is one of the things you'll run into in policing,"
Seattle police Chief Gil Kerlikowske said the fact so many officers have been arrested proves "there is no good-old-boy system in this area."
"When I started 35 years ago, officers never got arrested and always got taken home (for driving under the influence)," he said. "I would tell you those days are long gone."
But are they? An extensive database analysis by the Seattle P-I found only 44 active-duty sworn officers and deputies arrested statewide in seven years, although some could have slipped through the cracks. The Washington State Patrol collared more than two-thirds of them, a much higher rate than its share of civilian arrests. Only three agencies arrested their own; one of those arrests was so badly handled there was no prosecution.
Marcus Mann, a former police executive who tangled with alcohol himself, said police protect each other: "Man, I tell you, I want to make sure that I keep everyone as happy as I can that carries a badge and a gun. It's fear. We don't want people pissed off at us that work within our jurisdiction."
Seattle police Officer Wesley Friesen threatened to kill two troopers after he was stopped in Snohomish County for DUI in 2004.
"You better hope I don't see you in Seattle. I'm not threatening you, just giving you a little warning," added the 27-year-old Seattle officer, who later sent them a letter of apology and drew a 20-day suspension.
Looking the other way
Island County sheriff's Sgt. Rick Norrie had a widespread reputation for being tough on drunken drivers, and he had a personnel file packed with commendations from the likes of Mothers Against Drunk Driving, plus certificates for teaching DUI enforcement at the state police academy.
Then he did the unthinkable. He caught one of his own deputies, Jane Arnold, driving her patrol car drunk on a busy Whidbey Island highway in June 2003. He let her drive the marked police car a mile to her home -- something the county prosecutor said he could have been prosecuted for.
Norrie wasn't charged with a crime, and the written reprimand he received was expunged from his file after two years, the P-I discovered when it asked for a copy.
Arnold's patrol vehicle had smelled of stale alcohol when Norrie met her for a car-to-car conversation at a highway intersection to talk about the fact that she overslept before her shift, he wrote in a report. A preliminary breath test showed a blood-alcohol reading of .119, half again the legal limit.
Then he allowed the four-year veteran to navigate her heavy Chevy Blazer down Whidbey Island's busiest highway.
Norrie had second thoughts and quickly notified his office, Hawley said. Hawley ordered him to return to the 40-year-old woman's house, where he formally breath-tested her, still over the limit.
Norrie's actions tainted the possibility of prosecution. He would have had trouble convincing a court he thought Deputy Arnold was impaired because he let her drive home and his ultimate case report was soft on her, Island County Prosecutor Greg Banks wrote in an internal document.
"None of my deputies can recall a DUI case from Sgt. Norrie where his observations were so extremely favorable to a defendant," Banks wrote.
"Moreover, should the case go to trial, and were Sgt. Norrie subpoenaed by my office, ... his testimony could incriminate him as an accomplice to DUI."
In a recent interview, Banks said Norrie's handling of the case "put the public at risk of imminent harm and eroded public confidence."
Hawley said he chose a light punishment because Norrie quickly admitted his mistake. But the internal investigation overlooked inconsistencies, including Norrie's claim he didn't arrest Arnold because he had to break off for an in-progress call.
The Sheriff's Office searched for the record of that call, after the P-I formally requested it, and could find only a request to check on the welfare of an elderly man that was already being worked by another officer.
Hawley said he was unaware of that. He also was unaware that after Arnold's belated arrest, the Sheriff's Office failed to send notification to the Department of Licensing that she had been breath-tested over the limit, which could have led to suspension of her license. Arnold had a previous DUI, the P-I found, which Hawley also said he was not aware of. That would have been a factor in a revocation decision, said Craig Nelson, a state Licensing Department hearings administrator whose department records included information about Arnold's previous arrest.
The ex-sheriff was well aware, though, that Arnold had gotten drunk in her first year as a full-time rookie and made a false 911 call in Jefferson County. She wasn't prosecuted for that act, either, although she was internally disciplined.
Arnold was terminated after the drunken-driving incident. Hawley last year chose not to run for re-election, and is now a lieutenant. Arnold didn't reply to interview requests. Norrie declined to comment.
A risky break
Pierce County sheriff's Deputy Jeffrey Reigle displayed his law enforcement affiliation the moment State Trooper Donovan Daly walked up to his window after pulling him over for speeding. Reigle waved his police identification card at Daly until the trooper asked about it, according to a memo Daly wrote afterward.
It was 1 a.m. in July 2001, and in the vehicle with Reigle was fellow Pierce County sheriff's Deputy John Delgado. Daly told Reigle to park his vehicle at a nearby sandwich shop "until he was sure he was safe to drive."
Reigle was clearly drunk. He and Delgado had started drinking beer in Tacoma that night, had "two beers" in the car and concluded their tippling at the Horseshoe Bar in Ellensburg, according to their testimony to Pierce County internal investigators.
But Reigle didn't park his Ford Explorer for long. Daly noticed it missing when he returned to check on it, and he soon caught the deputy going 77 mph homeward on I-90.
Pulled over again, Reigle thought Daly was a different trooper when he came to the window. Without looking at him, Reigle casually held out his license and his police identification card again, waiting presumably for another pass. He "took a few seconds to make the connection" when Daly told him who he was, Daly wrote.
Reigle's breath-alcohol test was twice the legal limit, .170, after the trooper arrested him.
Oddly, Daly's two-page official arrest report -- which goes to the public court file -- failed to mention the previous traffic stop. Nor did it mention Reigle's failure to sleep it off, the motorists' law enforcement connections or flashing of the ID card.
Daly packaged the bad stuff into a memo he sent to his boss, Sgt. Byron Martin, the same day as the arrest. The P-I obtained it through a public disclosure request.
After being arrested, Reigle's parting words to the trooper were: "You know it should never have gotten to this."
Reigle told a Licensing Department hearing examiner he wasn't as drunk as the trooper had claimed. The examiner concluded Reigle's statements under oath "lack truthfulness" and ruled against him.
Reigle got a weeklong suspension, the standard in Pierce County. Delgado got half that. In a plea agreement in Kittitas County, Reigle was convicted of negligent driving.
Pierce County Sheriff Operations Chief Eileen Bisson blamed the episode partly on the sober trooper who let her deputy drive drunk a second time.
"I am assuming that Trooper Daly's intentions were to give Deputy Reigle a break for being a fellow officer," Bisson wrote in a September 2001 memo. "I shudder to think what may have happened ... if Trooper Daly had not stopped him the second time."
Reigle told the P-I he didn't recall asking for favors but admits his memory was "clouded by alcohol."
"I put the trooper in that awkward position. I'm sorry for doing that," said the senior graveyard patrol deputy, who regularly arrests people for DUI.
Daly declined to comment, and Delgado didn't reply to interview requests.
The State Patrol has punished three troopers in recent years for freeing regular citizens from surefire arrest, but Capt. Jeff DeVere could find no evidence that Trooper Daly was disciplined.
Give the cop a pass?
When Vancouver police Officer Andrew Young flashed his police ID card after he was stopped for speeding in his personal truck in August 2006, a Clark County reserve deputy could only interpret his actions as a request for professional courtesy. The reserve deputy reported feeling "sick" for being put in such an "ugly" position.
Patrick Kilby, the reserve, smelled alcohol on Young and noticed slow movements and bloodshot eyes, the report said. Young wouldn't answer the question about whether he'd been drinking but instead showed Kilby his commission card.
"I felt that he had put me in a pretty crappy situation personally," Kilby later told Vancouver police internal investigators.
Two sergeants were called to the scene, Clark County's Chuck Christianson and Vancouver's Joe Graaff. Kilby gave the Vancouver cop a warning for the "traffic stuff," and left the sergeants to decide how to handle things.
Christianson told Graaff that it would be fine with him if the Vancouver department handled the matter internally, and he left the scene, internal reports show. Only when Graaff ran the case up the Vancouver chain of command, describing Young as "borderline drunk," did Commander Rick Smith ask Clark County deputies to return to the scene "to make sure that there is no special treatment."
Young was arrested but refused to submit to a Breathalyzer test. He fared relatively well afterward. Six weeks later, the county prosecutor decided not to charge Young, citing insufficient evidence. Young said during the internal investigation that he had drunk only one beer. He added that he'd flashed his badge only to stop the reserve deputy, Kilby, from being belligerent toward him.
The law says refusal to submit to a breath test is supposed to result in automatic loss of driving privileges for as long as a year. Young didn't face that because his paperwork wasn't sent on time because of an error, said Richard Bishop, the Clark County chief civil deputy in charge of records at the time.
Young, who declined to comment, returned to work from a paid administrative leave and got a reprimand for "general conduct," according to his personnel records. No one else was punished.
Vancouver Assistant Police Chief Mitch Barker said he has heard criticism that Young fared better than the average citizen. But he said, "We ended up with a case that the prosecutor doesn't want to prosecute. ... He gets due process, just like everyone else."
Driving drunk to work
Some cases are too easy to miss. A Kitsap County deputy sheriff admitted everything to her bosses -- including her drinking before driving -- and wasn't arrested by her colleagues who wore badges.
In fact, Lori Capurso literally drove her DUI case to their doorstep, arriving at her jail job about 7 a.m. Aug. 21, 2005, smelling of alcohol.
She told internal investigators her drinking bout had begun with an argument with her son and at least a half a case of beer. When they breath-tested her, she blew .091, still over the limit more than three hours after she arrived at work. Given the burn rate of alcohol in the blood, investigators estimated she would have measured .241 when she quit drinking the night before.
Kitsap County Corrections Division Chief Ned Newlin wrote in an internal investigation report that Capurso easily could have faced criminal charges. He blamed the decision not to pursue the matter on the fact the BAC test was given two hours after driving. The P-I's review of DUI cases found Breathalyzer tests can take three hours or more to get to.
Even with Capurso's admission that she drove to work, and her car parked in the parking lot, Kitsap County Sheriff Steve Boyer said his department couldn't "prove she drove the car."
Under case law, Boyer said, such corroboration is needed to make a case. But he also admitted his department did not run the case by prosecutors for review.
In all, the Sheriff's Office found Capurso violated seven policies. She received a five-day suspension without pay. No one else was punished.
About three weeks ago, Capurso was arrested for a DUI by the State Patrol, Boyer told the P-I. She's been put on restricted duty, pending criminal and internal investigations. Boyer, a former 27- year state trooper, said he's reserving judgment. But, he added, "If we can make a case, we make it."
P-I reporter Daniel Lathrop and P-I news researcher Marsha Milroy contributed to this report. P-I reporter Eric Nalder can be reached at 206-448-8011 or ericnalder@seattlepi.com. P-I reporter Lewis Kamb can be reached at 206-448-8336 or lewiskamb@seattlepi.com.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
A broken system works in favor of cops busted for DUI
A broken system works in favor of cops busted for DUI
By ERIC NALDER AND LEWIS KAMB
Seattle PI Newspaper - INVESTIGATIVE REPORTERS
Cops confronted with a drunken-driving arrest fare better than the average citizen, according to a Seattle P-I investigation of seven years' worth of internal discipline records, arrest reports, accident reports, license-suspension files and court documents statewide.
For more information on this story check out this website:
http://www.seattlepi.com/specials/undueinfluence/326446_dui06.html
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Island County Deputy once the subject of investigation
Several years ago an Island County Deputy named Jane Arnold resigned after being arrested for being drunk on duty. According to the South Whidbey Record in 2003, her colleague Sgt. Norries was thereafter the subject of an internal investigation. According to the newspaper he allowed Arnold drive home after she failed the Breathalyzer test.
The internal investigation obviously found Sgt. Norrie's actions to be acceptable as he was not fired and remains on duty into 2010 - arresting people for DUI.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
The internal investigation obviously found Sgt. Norrie's actions to be acceptable as he was not fired and remains on duty into 2010 - arresting people for DUI.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
16 Year Old Faces DUI Charge in Skagit County
As reported in the Anacortes American, January 2, 2010
A 16-year-old Anacortes boy faces charges of DUI, driving without a valid license and underage drinking after he reportedly drove off the road near 41st Street and A Avenue, plowed through a barbed wire fence and struck a tree around 6:58 a.m. The boy was unsteady on his feet, smelled strongly of alcohol and allegedly admitted he drank a few beers. He said he looked down while changing a CD, drifted out of his lane, overcorrected and lost control.
The boy was not seriously injured, but he was upset because his mother did not know he took the car and he did not have a driver’s license. He reportedly provided breath samples significantly over the legal limit for an adult. He was released to his mother.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Skagit County Man Faces 14th DUI
Originally reported in November, 2008
Aaron Bridge was arrested on Tuesday. A sheriff's deputy said he could smell alcohol on Bridge when he pulled him over in Sedro-Woolley.
Bridge shouldn't have been on the road in the first place, the deputy said. His license had been suspended.
In court on Thursday Bridge pleaded not guilty to both driving under the influence and driving with a suspended license.
In the past decade, Bridge has earned at least four DUI convictions, which means his case will be tried as a felony under the tougher state DUI law passed in 2007.
If convicted this time, Bridge could face up to five years in prison.
Bridge is being held on $150,000 bail. His next court date is on Oct. 30.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Skagit County Pays $5.5 Million in DUI Accident
Skagit County Pays $5.5 Million in DUI Accident
The Skagit County Jury in Washington State decided against the Washington State Patrol and the County this past week. The jury decided this past week that Whatcom County must pay $5.5 million for not taking enough preventative measures to stop a drunk driver who seriously injured another motorist in a 2007 head-on collision.
According to attorney Dean Brett, this jury verdict is the largest ever in Skagit County.
The accident occurred on Jan. 4, 2007 on Highway 542, when a drunk driver crossed the centerline. The vehicle then collided head-on into a car driven by Hailey French, who was 22-years-old at the time. French suffered severe injuries to her legs, pelvis and wrists. She has already undergone 13 surgeries and is expected to undergo many more.
Brett, her attorney, filed a lawsuit on French’s behalf in October 2007.
“We sue drunk drivers - and those who enable them to wreak havoc on our highways. This catch-and-release system of dealing with drunk drivers must stop,” said Brett.
He then named the Washington State Patrol and Whatcom County as defendants, rather than the woman whom committed the crime.
“The accident occurred one hour and 39 minutes after a State Trooper drove a drunk driver home, returned her keys, and told her not to drive again until after she was sober,” Brett said. “Instead, she called a taxi, returned to her car, drove drunk and crossed the centerline hitting Hailey French head-on.”
Brett also noted that the drunk driver had been sentenced on a prior drunk driving charge and was required to have an alcohol interlock installed in her car. However, the Whatcom County District Court Probation Department failed to follow up on the court-ordered installation, according to Brett.
Following a three-week trial, the jury concluded the State Patrol and Whatcom County had been negligent and awarded damages to French in the amount of $5.5 million.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Skagit DUI defendant commits suicide
By The Associated Press
CONCRETE, Skagit County — A man who was expected to plead guilty in a Skagit County drunken driving case was found dead just hours before he was due in court.
County Coroner Daniel Dempsey told The Skagit Valley Herald that Philip Brown shot himself. His body was found Wednesday morning outside his home in Concrete.
Prosecution and defense attorneys expected he was going to plead guilty in Mount Vernon two counts of vehicular homicide. Attorneys had agreed on a 3-year sentence for Brown.
The 65-year-old former airline pilot was accused of causing an accident on Oct. 1 on Highway 20 east of Sedro-Woolley. One motorcyclist died at the scene, and a driver died later in a hospital.
Browns blood alcohol level tested at 0.13
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Field Sobriety Tests: Walk & Turn
From the recently published book, "DUI / DWI: The History of Driving Under the Influence."
Available for purschase at: http://www.amazon.com/DUI-DWI-History-Driving-Influence/dp/1432746227/ref=sr_1_3?ie=UTF8&s=books&qid=1258400052&sr=1-3
The walk and turn test is a “divided attention” test that is designed to determine the subject’s balance, listening skills, and ability to follow instructions. In this test the participant stands in a heel-to-toe fashion with arms at their sides while a series of instructions are given by the officer. Following the instructional phase the suspect must then take nine heel-to-toe steps along a line, turn in a prescribed manner, and then take another nine heel-to-toe steps along the line. All of this must be done while counting the steps aloud and keeping the arms at the sides. The individual is informed not to stop walking until the test is completed.
NHTSA warns the officer that this test requires a “designated straight line and should be conducted on a reasonably dry, hard, level, non-slippery surface.” DWI Detection and Standardized Field Sobriety Testing, Student Manual. NHTSA; U.S. Department of Transportation. HS 178 R2/00, Page VIII-12 (2000) Additionally, the officer is informed in the manual that original research indicated that individuals over the age of 65, and those with back, leg or middle ear problems had difficulty performing the test. Subjects wearing heels more than 2 inches high should be given the opportunity to remove their shoes. Id. Over the years however, some of the original instructions and provided information has been deleted from subsequent student manuals.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Available for purschase at: http://www.amazon.com/DUI-DWI-History-Driving-Influence/dp/1432746227/ref=sr_1_3?ie=UTF8&s=books&qid=1258400052&sr=1-3
Walk and Turn
The walk and turn test is a “divided attention” test that is designed to determine the subject’s balance, listening skills, and ability to follow instructions. In this test the participant stands in a heel-to-toe fashion with arms at their sides while a series of instructions are given by the officer. Following the instructional phase the suspect must then take nine heel-to-toe steps along a line, turn in a prescribed manner, and then take another nine heel-to-toe steps along the line. All of this must be done while counting the steps aloud and keeping the arms at the sides. The individual is informed not to stop walking until the test is completed.
NHTSA warns the officer that this test requires a “designated straight line and should be conducted on a reasonably dry, hard, level, non-slippery surface.” DWI Detection and Standardized Field Sobriety Testing, Student Manual. NHTSA; U.S. Department of Transportation. HS 178 R2/00, Page VIII-12 (2000) Additionally, the officer is informed in the manual that original research indicated that individuals over the age of 65, and those with back, leg or middle ear problems had difficulty performing the test. Subjects wearing heels more than 2 inches high should be given the opportunity to remove their shoes. Id. Over the years however, some of the original instructions and provided information has been deleted from subsequent student manuals.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Field Sobriety Tests: Horizontal Gaze Nystagmus
From the recently published book, "DUI / DWI: The History of Driving Under the Influence."
Available for purschase at: http://www.amazon.com/DUI-DWI-History-Driving-Influence/dp/1432746227/ref=sr_1_3?ie=UTF8&s=books&qid=1258400052&sr=1-3
The technical definition of nystagmus is that it is the rhythmic back and forth oscillation of the eyeball that occurs when there is a disturbance of the vestibular (inner ear) system or the oculomotor control of the eye. Although techniques for accurately measuring nystagmus were developed in the 20th century, nystagmus was positively linked to vestibular stimulation as early as the 19th century. Tatler, BW, Wade, NJ. On nystagmus, saccades, and fixations. Perception. 32(2):167-184, Page 167 (2003)
There are two major types of eye movements: pendular and jerk. Pendular nystagmus is where the oscillation speed is the same in both directions. Jerk nystagmus is where the eye moves slowly in one direction and then returns rapidly. Most types of nystagmus have the fast and slow phase (jerk nystagmus). Horizontal Gaze Nystagmus (HGN), which is the type of nystagmus used in DUI investigations, is a type of jerk nystagmus with the jerky movement toward the direction of the gaze. Adams, Raymond D. & Victor, Maurice. Disorders of Ocular Movement and Pupillary Function. Principles of Neurology. Ch.13, 117 (4th ed. 1991)
Like most types of nystagmus, HGN is an involuntary motion, meaning the person exhibiting the nystagmus cannot control it or is even aware of it. Forkiotis, C.J. Optometric Exercise: The Scientific Basis for Alcohol Gaze Nystagmus. 59 Curriculum II, No. 7 at 9 (April 1987); Good, Gregory W. & Augsburger, Arol R. Use of Horizontal Gaze Nystagmus as a Part of Roadside Sobriety Testing. 63 Am. J. of Optometry & Physiological Optics 467, 469 (1986); Stapleton, June M. et al. Effects of Alcohol and Other Psychotropic Drugs on Eye Movements: Relevance to Traffic Safety. 47 Q.J. Stud. on Alcohol 426, 430 (1986)
Critics of the horizontal gaze nystagmus test for DUI (alcohol) related purpose have argued that alcohol is not the only potential cause of nystagmus and in fact there are many different causes of nystagmus that have been observed and studied. Syndromes such as influenza, vertigo, epilepsy, measles, syphilis, arteriosclerosis, muscular dystrophy, multiple sclerosis, Korsakoff’s Syndrome, brain hemorrhage, streptococcus infections, and other psychogenic disorders all have been shown to produce nystagmus. Additionally, conditions such as hypertension, motion sickness, sunstroke, eyestrain, eye muscle fatigue, glaucoma, and changes in atmospheric pressure may result in gaze nystagmus. Pangman. Horizontal Gaze Nystagmus: Voodoo Science. 2 DWI J. 1, 3-4 (1987)
Further, these same critics have argued that alcohol is not the only drug to cause nystagmus and that caffeine, nicotine, or aspirin also lead to nystagmus almost identical to that caused by alcohol consumption. Id. at 3-4. Finally, conditions such as a person’s circadian rhythms or biorhythms can affect nystagmus readings as the body reacts differently to alcohol at different times in the day and even fatigue nystagmus can be found in an individual, and the list, according to critics, goes on. Id. at 3-4; Booker, J.L. End-position nystagmus as an indicator of ethanol intoxication. Sci Justice. 41(2):113-116. (April – June, 2001)
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Available for purschase at: http://www.amazon.com/DUI-DWI-History-Driving-Influence/dp/1432746227/ref=sr_1_3?ie=UTF8&s=books&qid=1258400052&sr=1-3
Horizontal Gaze Nystagmus (HGN)
The technical definition of nystagmus is that it is the rhythmic back and forth oscillation of the eyeball that occurs when there is a disturbance of the vestibular (inner ear) system or the oculomotor control of the eye. Although techniques for accurately measuring nystagmus were developed in the 20th century, nystagmus was positively linked to vestibular stimulation as early as the 19th century. Tatler, BW, Wade, NJ. On nystagmus, saccades, and fixations. Perception. 32(2):167-184, Page 167 (2003)
There are two major types of eye movements: pendular and jerk. Pendular nystagmus is where the oscillation speed is the same in both directions. Jerk nystagmus is where the eye moves slowly in one direction and then returns rapidly. Most types of nystagmus have the fast and slow phase (jerk nystagmus). Horizontal Gaze Nystagmus (HGN), which is the type of nystagmus used in DUI investigations, is a type of jerk nystagmus with the jerky movement toward the direction of the gaze. Adams, Raymond D. & Victor, Maurice. Disorders of Ocular Movement and Pupillary Function. Principles of Neurology. Ch.13, 117 (4th ed. 1991)
Like most types of nystagmus, HGN is an involuntary motion, meaning the person exhibiting the nystagmus cannot control it or is even aware of it. Forkiotis, C.J. Optometric Exercise: The Scientific Basis for Alcohol Gaze Nystagmus. 59 Curriculum II, No. 7 at 9 (April 1987); Good, Gregory W. & Augsburger, Arol R. Use of Horizontal Gaze Nystagmus as a Part of Roadside Sobriety Testing. 63 Am. J. of Optometry & Physiological Optics 467, 469 (1986); Stapleton, June M. et al. Effects of Alcohol and Other Psychotropic Drugs on Eye Movements: Relevance to Traffic Safety. 47 Q.J. Stud. on Alcohol 426, 430 (1986)
Critics of the horizontal gaze nystagmus test for DUI (alcohol) related purpose have argued that alcohol is not the only potential cause of nystagmus and in fact there are many different causes of nystagmus that have been observed and studied. Syndromes such as influenza, vertigo, epilepsy, measles, syphilis, arteriosclerosis, muscular dystrophy, multiple sclerosis, Korsakoff’s Syndrome, brain hemorrhage, streptococcus infections, and other psychogenic disorders all have been shown to produce nystagmus. Additionally, conditions such as hypertension, motion sickness, sunstroke, eyestrain, eye muscle fatigue, glaucoma, and changes in atmospheric pressure may result in gaze nystagmus. Pangman. Horizontal Gaze Nystagmus: Voodoo Science. 2 DWI J. 1, 3-4 (1987)
Further, these same critics have argued that alcohol is not the only drug to cause nystagmus and that caffeine, nicotine, or aspirin also lead to nystagmus almost identical to that caused by alcohol consumption. Id. at 3-4. Finally, conditions such as a person’s circadian rhythms or biorhythms can affect nystagmus readings as the body reacts differently to alcohol at different times in the day and even fatigue nystagmus can be found in an individual, and the list, according to critics, goes on. Id. at 3-4; Booker, J.L. End-position nystagmus as an indicator of ethanol intoxication. Sci Justice. 41(2):113-116. (April – June, 2001)
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Field Sobriety Tests: One Leg Stand
From the recently published book, "DUI / DWI: The History of Driving Under the Influence."
Available for purschase at: http://www.amazon.com/DUI-DWI-History-Driving-Influence/dp/1432746227/ref=sr_1_3?ie=UTF8&s=books&qid=1258400052&sr=1-3
The one leg stand test, like the walk and turn field sobriety test, is a divided attention test that is designed to determine the subject’s balance, listening skills, and ability to follow instructions. In this test the participant is required to stand on one leg while the other leg is extended in front of the person in a “stiff-leg” manner. This extended foot is to be held approximately six inches above and parallel with the ground. While this is occuring the person is instructed to stare at the elevated foot and count aloud until told to stop, by counting “one thousand and one, one thousand and two, one thousand and three,” and so on. Also like the walk and turn test this test requires a “reasonably dry, hard, level, and non-slippery surface.” DWI Detection and Standardized Field Sobriety Testing, Student Manual. NHTSA; U.S. Department of Transportation. HS 178 R2/00, Page VIII-12 (2000) Further, the officer has knowledge that original research indicated that individuals over the age of 65, and those with back, leg or middle ear problems had difficulty performing the test. Subjects wearing heels more than 2 inches high should be given the opportunity to remove their shoes. Id.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Available for purschase at: http://www.amazon.com/DUI-DWI-History-Driving-Influence/dp/1432746227/ref=sr_1_3?ie=UTF8&s=books&qid=1258400052&sr=1-3
One Leg Stand
The one leg stand test, like the walk and turn field sobriety test, is a divided attention test that is designed to determine the subject’s balance, listening skills, and ability to follow instructions. In this test the participant is required to stand on one leg while the other leg is extended in front of the person in a “stiff-leg” manner. This extended foot is to be held approximately six inches above and parallel with the ground. While this is occuring the person is instructed to stare at the elevated foot and count aloud until told to stop, by counting “one thousand and one, one thousand and two, one thousand and three,” and so on. Also like the walk and turn test this test requires a “reasonably dry, hard, level, and non-slippery surface.” DWI Detection and Standardized Field Sobriety Testing, Student Manual. NHTSA; U.S. Department of Transportation. HS 178 R2/00, Page VIII-12 (2000) Further, the officer has knowledge that original research indicated that individuals over the age of 65, and those with back, leg or middle ear problems had difficulty performing the test. Subjects wearing heels more than 2 inches high should be given the opportunity to remove their shoes. Id.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Your DUI Attorney's Job
YOUR DUI ATTORNEY´S JOB
If you have been charged with DUI it is highly recommended you hire an attorney to represent you. If you are contemplating doing so and wondering what the attorney should do on your behalf, here is a quick summary of the attorney's role.
The are two main roles that a DUI attorney serves. In no particular order, your attorney must fight for you in court and in the administrative hearing (DOL hearing). In the court system, this role involves vigorously investigating your case and attempting to maneuver the DUI charge to a less severe offense or even moving to have the matter dismissed. The attorney would be looking for legal defenses, mistakes by the officer or prosecuting attorney, or errors of judgment or law by the officer that may result in the suppression of certain evidence. In the administrative law (DOL) context the role of the attorney is to fight for you at the DOL hearing and do everything he/she can to ensure that you do not lose your privilege to drive.
The second main role the DUI attorney has is to protect you in court. Although this role seems secondary to the first (fighting on your behalf), the importance of protecting you cannot be under emphasized. There may be aggravating circumstances in your case that may lead a prosecutor or judge to impose substantial penalties (more jail) or more strict conditions. These aggravating circumstances would include passengers in your vehicle, an accident, a high BAC, multiple prior offenses, a weapon in your vehicle at the time, and so on. In situations that involve aggravating circumstances you need an attorney to protect you.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Ignition Interlock License
IGNITION INTERLOCK LICENSE
- In person at any driver licensing office, or
- By mail to: Driver Records, Department of Licensing, PO Box 9048, Olympia, WA 98507-9048
A FESTIVE TIME: STATE PATROL MAKES 713 DUI ARRESTS IN KING COUNTY
From the Seattle PI: January, 2010
Nothing says happy holidays like getting knee-walking drunk and getting behind the wheel of your car.
The Washington State Patrol says it has made 713 arrests for DUI in King County since Thanksgiving week, including 256 from holiday emphasis patrols. Some arrests are still being counted.
The good news is that there were no alcohol-related traffic deaths.
The emphasis patrols -- seven troopers and one sergeant who patrolled the county at night -- worked with several other police agencies as part of what was called the X-52 DUI patrols.
The patrol counted one alcohol-related accident with serious injuries. The patrol said that occurred Dec. 15 when a repeat DUI offender crossed the center median on eastbound Interstate 90 at Preston and hit a westbound motorist head on. Both drivers remain in the hospital.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
DUIS & JURY TRIALS
DUIS & JURY TRIALS
I haven't "blogged" for several weeks, which isn't good. However, besides the Christmas and New Year's break, I had another jury trial that caused me to do nothing but concentrate on that. During the Jury Trial I was again reminded of the pros and cons of the jury trial process. If clients do decide to go to trial they must be aware that there is no such thing as a "slam dunk" trial, no matter how straight forward a case may appear. At the end of the day, literally, the case and the way it is interpreted is left up to the discretion of 6 jury members, who are largely unknown and they deepest darkest beliefs a mystery.
Thankfully these 6 unknown individuals found my client "not-guilty" (late in the day of Christmas Eve), but there were many nervous moments. The Snohomish County prosecutor did an excellent job but thankfully, for my client, we were able to pursuade the Jury that there was indeed reasonable doubt. However, as always, a not-guilty plea could very easily have been a guilty verdict - you just never know.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
THE IMPORTANCE OF DOING THINGS RIGHT
THE IMPORTANCE OF DOING THINGS RIGHT
If you are charged with a DUI the most important things to be concerned about initially are trying to have the DUI amended or dismissed, avoiding jail, and keeping your license. Seldom does one think about what will occur after the case has been disposed of. This is understandable as the demands and stress of the person charged is overwhelming. However, you must not lose focus about the conditions imposed by the court after you have completed your case.
Once the case has been completed, hopefully favorably, you must ensure that the conditions imposed by the court, namely, an alcohol evaluation, the class and/or treatment, DUI Victim's Panel, and fines, etc. The danger if you do not complete any of the above in a timely manner is that you'll be called back to court to face an angry Judge - do not fall prey to that! Facing the Judge again may lead to jail, additional fines, or additional attorneys fees. Do things right to avoid this problem! This also is a reminder to complete such things as an alcohol evaluation, follow up, DUI Victim's Panel, before the end of the case - a good attorney will help you accomplish this.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Brief History of the BAC DataMaster
From the recently published book, "DUI / DWI: The History of Driving Under the Influence."
Available for purschase at: http://www.amazon.com/DUI-DWI-History-Driving-Influence/dp/1432746227/ref=sr_1_3?ie=UTF8&s=books&qid=1258400052&sr=1-3
The DataMaster evolved from the BAC Verifier. The operation of both machines is very much the same although the casing of the machine, the printer, the layout of the printed circuit boards, the software, the mounting of the breath tube, the circuitry, and the simulator are different. The casing for the DataMaster are all metal which is supposed to eliminate certain radio frequency interference, while the casing for the Verifier is plastic.
Fundamentally there are several differences between the BAC Verifier and the DataMaster, including the printers, the circuit board layout and the chemistry. The Verifier had a central processing unit (CPU) board underneath the machine which caused some maintenance problems due to its location. The DataMaster design attempted to resolve this issue and included nine printed circuit boards which supposedly result in easier maintenance, removal, and replacement. Additionally, the manufacturer claims that the printed circuit boards are a superior electrical design because the different circuits are isolated. Because the original Verifier had problems with electrical interference within the circuitry of the CPU, the CPU board was changed in the DataMaster.
Also changed in the DataMaster design was the detector circuitry. The DataMaster has a variable resister while the Verifier had a fixed resistor. The variable resistor in the DataMaster was designed so that the resistance value can be adjusted thereby increasing the stability of the signal produced by the detector.
The most important change in the DataMaster however was the updated software. Software is constantly changing and being improved and advanced and the Verifier could not adapt to these changes. The Verifier had a limited RAM data storage capability while the DataMaster has expanded RAM data storage capacity and as such could accommodate additional software. The mathematical formula used to calculate the presence of acetone in breath samples was also changed in the new DataMaster software.
Yet another difference between the older Verifier and the DataMaster is that the DataMaster uses a different simulator. The Verifier uses the Smith & Wesson simulator, while the DataMaster uses a Guth simulator. The last notible change between the two machines is the breath tube mounting. In the DataMaster the breath tube can be adjusted when placed in the mounting pivots while on the Verifier the breath tube, once attached, is fixed in one position. Despite the changes between the Verificer and the DataMaster there are several reported problems with the DataMaster devices.
Most of these problems have originated in the State of Washington and have included repair and maintenance problems, problems with the meter valve (instability producing imprecise readings, or failing to produce readings), problems with zeroing, instability of infra-red lamps, improper display of interferents (generally ) acetone), problems with displaying results to three decimal points, and problems with lack of specificity for ethanol. Additionally, as is the case with computer-controlled machines (ie. the Intoximeter 3000, Intoxilyzer 5000, and the Verifier) the DataMaster is subject to “transient error.” Transient error occurs when the computer will not function properly for a period of time until it corrects itself.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Available for purschase at: http://www.amazon.com/DUI-DWI-History-Driving-Influence/dp/1432746227/ref=sr_1_3?ie=UTF8&s=books&qid=1258400052&sr=1-3
The BAC DataMaster is used in Washington State for breath tests
DataMaster
The DataMaster evolved from the BAC Verifier. The operation of both machines is very much the same although the casing of the machine, the printer, the layout of the printed circuit boards, the software, the mounting of the breath tube, the circuitry, and the simulator are different. The casing for the DataMaster are all metal which is supposed to eliminate certain radio frequency interference, while the casing for the Verifier is plastic.
Fundamentally there are several differences between the BAC Verifier and the DataMaster, including the printers, the circuit board layout and the chemistry. The Verifier had a central processing unit (CPU) board underneath the machine which caused some maintenance problems due to its location. The DataMaster design attempted to resolve this issue and included nine printed circuit boards which supposedly result in easier maintenance, removal, and replacement. Additionally, the manufacturer claims that the printed circuit boards are a superior electrical design because the different circuits are isolated. Because the original Verifier had problems with electrical interference within the circuitry of the CPU, the CPU board was changed in the DataMaster.
Also changed in the DataMaster design was the detector circuitry. The DataMaster has a variable resister while the Verifier had a fixed resistor. The variable resistor in the DataMaster was designed so that the resistance value can be adjusted thereby increasing the stability of the signal produced by the detector.
The most important change in the DataMaster however was the updated software. Software is constantly changing and being improved and advanced and the Verifier could not adapt to these changes. The Verifier had a limited RAM data storage capability while the DataMaster has expanded RAM data storage capacity and as such could accommodate additional software. The mathematical formula used to calculate the presence of acetone in breath samples was also changed in the new DataMaster software.
Yet another difference between the older Verifier and the DataMaster is that the DataMaster uses a different simulator. The Verifier uses the Smith & Wesson simulator, while the DataMaster uses a Guth simulator. The last notible change between the two machines is the breath tube mounting. In the DataMaster the breath tube can be adjusted when placed in the mounting pivots while on the Verifier the breath tube, once attached, is fixed in one position. Despite the changes between the Verificer and the DataMaster there are several reported problems with the DataMaster devices.
Most of these problems have originated in the State of Washington and have included repair and maintenance problems, problems with the meter valve (instability producing imprecise readings, or failing to produce readings), problems with zeroing, instability of infra-red lamps, improper display of interferents (generally ) acetone), problems with displaying results to three decimal points, and problems with lack of specificity for ethanol. Additionally, as is the case with computer-controlled machines (ie. the Intoximeter 3000, Intoxilyzer 5000, and the Verifier) the DataMaster is subject to “transient error.” Transient error occurs when the computer will not function properly for a period of time until it corrects itself.
For information on your DUI, please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
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