The Law Firm of David N. Jolly: DUI Defense Attorneys: April 2010

Friday, April 30, 2010

Anacortes DUI Driver doing the Puyallup

A 54-year-old Puyallup man was arrested on charges of DUI after an Anacortes police officer stopped the car he was driving for not having its headlights on around 11:14 p.m. on Commercial Avenue. He had slurred speech, smelled of alcohol and showed other signs of intoxication.
He allegedly said he was driving to his motel after having a few drinks. He declined to perform field sobriety tests and became angry with the officer. He was transported to the police station where he exhibited several mood swings including increased anger. He told the officer he should be out catching real criminals. His blood alcohol was twice the legal limit. He was citation for DUI and released at his motel.

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

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Skagit County DUI Driver Picked Up in his Chevy

An officer stopped a Chevy pickup driven by a 50-year-old Anacortes man in the 1200 block of M Avenue for an equipment violation around 1:22 a.m. The officer smelled alcohol on the man despite his efforts to mask it by smoking rapidly. He handed the officer a debit card when asked for his license. He failed field sobriety tests and was arrested on charges of DUI. He provided breath samples that were significantly over the legal limit. He was cited and released.
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

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Anacortes Minor cited for Adult Skagit County DUI

A 19-year-old Anacortes man was arrested on charges of DUI after an officer stopped the pickup he was driving in the 2100 block of 32nd Street for weaving over the fog line and an equipment violation around 9:19 p.m. The driver smelled of alcohol, had slurred speech and appeared groggy. He initially said he had not been drinking, but then allegedly admitted he lied and had a couple of beers earlier at Washington Park. He performed poorly on field sobriety tests. He provided breath samples over the legal limit for someone under age 21. He was cited and released.
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

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Seattle Man Cited for DUI in Anacortes, Skagit County

An Anacortes Police officer stopped a car in the 1100 block of 10th Street for speeding on O Avenue and having expired license tabs around 2:41 a.m. The driver, a 24-year-old Seattle man, smelled of intoxicants and allegedly admitted he had a couple beers. He performed poorly on field sobriety tests and was arrested. He allegedly told the officer he knew he was over the legal limit and was speeding to get away from the officer when he saw the police car. His breath samples were nearly twice the legal limit. He was cited and released to a sober friend.

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Snohomish County Plea Discussion Process : DUI Lawyer Snohomish County, DUI Edmonds, DUI Lynnwood, DUI Everett, DUI Attorney Mukilteo DUI Monroe

By Riley S. Lovejoy. Attorney at Law - Charges may be dismissed outright, or dismissed or reduced as part of a plea agreement only for the following rationales: 1. Unanticipated evidentiary problems make the original charge(s) inappropriate; 2. Unanticipated professional considerations preclude a just prosecution of the original charge(s); 3. Errors in the original charging decision must be corrected; 4. Potential legal or logistical problems so substantially decrease the likelihood of obtaining a conviction that it is in the public's interest to reduce the charge so as to have at least some sanction imposed upon the defendant for the misconduct in question; or 5. The charges filed to significantly enhance the state's case at trial are being dismissed upon the defendant's plea to the offense(s) which accurately and adequately describe the misconduct in question.

Thursday, April 29, 2010

Honey's Strip Club to Close - Formally noted also for DUI cases

The bastion of adult entertainment on “DUI Row “ (Highway 99 between Everett and Lynnwood, in Snohomish County), Honey’s, is closing. After decades of fighting with the State three associates of Seattle strip club operator Frank Colacurcio Sr., entered guilty pleas to racketeering and prostitution-related charges. David Carl Ebert, 62, of Monroe; Leroy Richard Christiansen, 68, of Seattle; and Michael Fueston, 62, of Tacoma; all pleaded guilty to felonies that occurred at Honey’s, 12902 Highway 99, between Everett and Lynnwood. To avoid jail the defendants agreed to have closed the strip club, Snohomish County only strip club. Many, many, many DUI cases have originated from a night at Honey’s.

For more information check out this story: http://www.heraldnet.com/article/20100429/NEWS01/704299939&news01ad=1#Honey%26%23146s.strip.club.to.close

Wednesday, April 28, 2010

Driver leaves Everett, Enters Mukilteo then arrested for DUI

On April 7th a Everett PD Dispatch reported a vehicle was possibly headed to Mukilteo and it was driven by an HBD female. The officer contacted the driver at the R/O's address and subsequently arrested her for DUI. The driver refused BAC and was cited and released.

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Mukilteo Driver arrested for DUI

On April 13th a Mukilteo police officer stopped a car for a moving violation on SR 525 and 92nd Street NW in Mukilteo. He was subsequently arrested the driver for DUI. Results .085, .098. The Driver was cited and released.

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Mukilteo Resident Arrested on DUI Bench Warrant and Booked into Snohomish County Jail

On April 23rd a Mukilteo police officer was dispatched to an area check for two possible DUI's in a white Chevy and a white limousine on 84th and SR 525. Both drivers were sober but it was determined that one of the drivers had two misdemeanor warrants for DWLS. He was arrested and booked into the Sno. County 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

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In Case You Wondered What the Prosecutor Considers when Deciding Whether or Not to Reduce Your DUI Charge... Snohomish County DUI Attorney

By Riley S. Lovejoy, Attorney at Law – After finding this information out straight from the horse’s mouth so to speak, I felt it was my duty to share this important information regarding your DUI charge. Without further ado, here is what the Snohomish County Prosecutor’s Office considers with each individual DUI Defendant: FACTORS FOR REDUCING CHARGE: 1. Lack of poor driving. 2. Good FSTs (field sobriety tests). 3. No accident. 4. Lack of admissions. 5. Interim drinking. 6. Difficulty proving the defendant was driving. 7. Lack of prior criminal history.

What Does the Snohomish County prosecutor Look for to Get my DUI Reduced to A Lesser Offense? Snohomish County DUI Attorney, Lynnwood DUI, Edmonds DUI Lawyer

By Riley S. Lovejoy, Attorney at Law – According to the guidelines sent out by the Snohomish County Prosecutor to all the Deputy Prosecutors, there are some important factors that they look for every time they review a case to decide whether or not to reduce your DUI charge to something with less severe penalties. If you have a good lawyer who knows your case intimately, they will be able to help you on the way to getting offered a reduced charge. The most important factors to keep in mind: 1. A BAC (blood alcohol content) lower than 0.08 (because remember, they can still charge you with DUI even if you are technically “below the limit!”) 2. Moderate Impairment (If you are not stumbling, mumbling, dripping drool or acting like a fool when you’re pulled over, your case will improve!) 3. A very cooperative attitude (It is not just good motherly advice. In this case, being polite with the officer, despite how upset you may be at the time of arrest, is a very important factor when your attorney is eventually trying to persuade the Prosecutor that you deserve an amended charge).

Monday, April 26, 2010

Snohomish County DUI News: Everett Police Officer NOT GUILTY of murdering DUI suspect

EVERETT, Wash. - A Snohomish County jury has cleared an Everett police officer of criminal charges in the shooting death of a drunken-driving suspect in a restaurant parking lot.

Officer Troy Meade was acquitted of second-degree murder and first-degree manslaughter.

Meade, 41, was accused of using excessive force on a drunken driver in June of last year. Prosecutors said Meade had other less lethal options before he decided to open fire on Niles Meservey, 51, of Stanwood.

For more information on this story check out this link: http://www.msnbc.msn.com/id/36789444

Man Stopped in Skagit County for Suspicion of DUI then Marijuana Pipe falls out of glovebox

According to the Anacortes American, an Anacortes Police Officer stopped a car driven by a 22-year-old Anacortes man in the 1300 block of 19th Street for speeding and failing to signal a turn at around 12:38 a.m. The man’s driver’s license was also suspended and he allegedly admitted he was trying to avoid police because he had warrants. He smelled of alcohol and showed other symptoms of intoxication. When the man opened his glove box for his insurance paperwork, an officer saw a marijuana pipe. He provided breath samples three times the legal limit. He was booked into jail on charges of DUI, driving with a suspended license and possession of marijuana.

Seattle Man arrested for DUI in Skagit County

According to the Anacortes American, an Anacortes Police Officer stopped a pickup on April 4^th, 2010, driven by a 35-year-old Seattle man for speeding on Commercial Avenue in the downtown area around 12:31 a.m. He apparently smelled of intoxicants and had slurred speech and bloodshot eyes. The man’s driver’s license was suspended for unpaid tickets. He allegedly failed field sobriety tests. During DUI processing, the man allegedly said he had four or five drinks over the past few hours and made a mistake by driving. He provided breath samples significantly over the legal limit. He was cited and released.

Sedro-Woolley woman arrested for DUI in Anacortes, Skagit County

According to the Anacortes American, on April 3^rd, 2010, a 25-year-old Sedro-Woolley woman was arrested on a charge of DUI after an officer stopped the car she was driving for weaving several times over the fog line on 12th Street around 10:16 p.m. She smelled strongly of alcohol, had glassy eyes and slurred speech and appeared somewhat confused. She allegedly said she had two shots of whiskey earlier. The male owner of the vehicle and the woman’s 7-year-old son were passengers in the car. She reportedly failed field sobriety tests, then provided breath samples more than two and a half times the legal limit.

Anacotes Woman parks her car, falls asleep, and then arrested for Physical Control (DUI)

According to the Anacortes American, on April 2^nd, 2010, an off-duty police officer saw a woman who appeared to be unconscious in the driver’s seat of a parked car in the 4400 block of Cherry Lane around 6:10 p.m. Tuesday, April 6 and stopped to check her welfare.
The off-duty officer was able to wake her as another officer arrived.
The woman, a 39-year-old Anacortes resident, smelled strongly of intoxicants and had slurred speech. She initially said she hadn’t been drinking much, but when asked what she had been drinking, she allegedly answered “everything.”
The woman was on her way home from the liquor store when she reportedly pulled off the road and passed out. After performing poorly on field sobriety tests, she was arrested on investigation of being in physical control of a motor vehicle while under the influence. She provided breath samples about four and a half times the legal limit. She was cited and released to her husband.

Oak Harbor woman celebrates birthday by getting DUI in Anacortes, Skagit County

According to the Anacortes American on April 14^th, 2010, a car driven by a 26-year-old Oak Harbor woman celebrating her birthday ran into the back of a pickup that slowed for traffic on Highway 20 at Sharpes Corner around 7:48 p.m. No one was seriously injured but a witness who followed the car from Oak Harbor reported it was weaving all over the road before the accident.
The woman allegedly smelled strongly of alcohol, had slurred speech and had difficulty completing her sentences. When asked to perform field sobriety tests, she allegedly said she knew she would fail them since she was so drunk. She started to perform the tests, but was reportedly stopped for her own safety because she could barely stand up. She provided a portable breath test three times the legal limit. She faces a charge of DUI.

Mount Vernon man arrested for DUI in Anacortes, Washington

According to the Anacortes American an Anacortes police officer stopped a car driven by a 33-year-old Mount Vernon man on Commercial Avenue for speeding around 12:44 a.m. The driver smelled of alcohol, had bloodshot eyes and initially handed the officer a credit card instead of his driver’s license. He allegedly performed poorly on field sobriety tests. He was arrested on a charge of DUI and provided breath samples significantly over the legal limit. He was cited and released to a sober friend.

Anacortes Man falls out of pickup then arrested for DUI

According to the Anacortes American, on April 10^th, 2010, a 66-year-old Anacortes man was arrested on a charge of DUI after a witness watched him pull into a convenience store in the 1100 block of 12th Street, fall out of his pickup and then stagger into the store. He left the vehicle running and the driver’s door open. An Anacortes police officer allegedly saw the man staggering back to his vehicle. He smelled of intoxicants, had bloodshot eyes, and allegedly admitted he had a few. He allegedly asked the officer if he could do him a favor and let him go so he could drive home. He apparently failed field sobriety tests and provided breath samples more than one and a half times the legal limit. He was cited and released to a sober friend.

Anacortes Man Stopped for DUI then Threatened with Taser

According to the Anacortes American, on April 10^th, 2010, an Anacortes Police Officer tried to stop a car that passed another vehicle illegally in the 1100 block of 12th Street around 1:46 a.m. The male driver kept going, stopped near an alley, jumped out of the car and ran. An officer chased him on foot and saw him slam into the gate of a wooden fence in the 1500 block of 11th Street, breaking some of the fence boards. The man was eventually ordered to the ground with a Taser pointed at him.
He smelled of alcohol, had slurred speech, and allegedly said he ran because he was drunk. He said the car he was driving was not his and he was giving the owners a ride home because they had been drinking. He was arrested on charges of DUI and obstruction. He allegedly provided breath samples more than twice the legal limit.

Thursday, April 22, 2010

Especially After the Sixth DUI, It's A Good Idea to Have a Designated Driver : DUI Mukilteo, DUI Everett, DUI Edmonds, DUI Marysville Attorney

By Riley S. Lovejoy, Attorney at Law - Wesley Ralph Thurman, 42, appeared before District Judge Susan Watters for arraignment by video from the county jail. He pleaded not guilty to felony charges of criminal endangerment and DUI, and misdemeanor counts of having an open alcohol container in a vehicle and obstruction.Thurman’s trial for a sixth DUI charge is scheduled for May 3. He posted a $35,000 bond in that case after his arrest last October. He has four prior DUI convictions in South Dakota and a 2002 DUI conviction in Yellowstone County. Read the story here.

Wednesday, April 21, 2010

Former Husky RB Corey Dillon Arrested in LA County on Suspicion of DUI : King County DUI Attorney, Everett DUI, Edmonds DUI, Skagit DUI Lawyer

By Riley S. Lovejoy, Attorney at Law – Corey Dillon, the former Husky running back who set the team all-time single-season records for rushing yards (1,695 yards) and touchdowns scored (22) in 1996 was arrested early this morning on suspicion of driving while intoxicated. See the story here.

Tuesday, April 20, 2010

Deferred Prosecution is not a Plea Deal, it is a Lifestyle Change : DUI Skagit County, DUI Marysville, DUI Burlington, DUI Attorney Edmonds

By Riley S. Lovejoy, Attorney at Law - If you are charged with a DUI and are eligible for the Deferred Prosecution program, there are a few important things to keep in mind before you commit. First of all, it is expensive. Not only are you paying more for insurance, there is the cost of probation to consider, the ignition interlock device, and the cost of treatment. Second, it is important to consider the time commitment as well. There are two years of treatment required and after that, there is another three years on probation, all the while you must stay out of trouble or face stiff penalties. It is not for everybody. But the advantage is, if you complete the program, no DUI on your record, and hopefully you’ve managed to learn the role of alcohol in your life and taken control.

With Fewer Probation Officers in Snohomish County, Defendants Must be Diligent With Filings : DUI Attorney Lynnwood, DUI Everett, DUI Edmonds Lawyer

By Riley S. Lovejoy, Attorney at Law – Snohomish County District Courts will soon be cutting back on their staff at the Probation department. What does this mean if you have a DUI charge pending? Essentially, you need to be sure to complete all the necessary paperwork well ahead of time. For example, if you want to take advantage of the Deferred Prosecution (DP) program, Snohomish County requires all paperwork (e.g. Alcohol Evaluation, Statement of Commitment, letter of completion, etc.) be approved by Probation seven (7) days before your court date. Also, you must complete 36 hours of treatment before your petition for DP can be approved by the court. With fewer Probation Officers on staff, the filing requirement could potentially require DP applicants to have their paperwork approved even sooner, so heads up.

Monday, April 19, 2010

If I Get Charged with a DUI and I Have Dentures, Will it Effect my Breath Test Results? DUI Attorney Marysville, DUI Lawyer Edmonds, DUI Island County

By Riley S. Lovejoy, Attorney at Law – The short answer is this: If your denture adhesives absorb alcohol, it can throw off the breath test result. The biggest factor in determining if mouth alcohol will throw off the BAC result is whether or not your mouth has remained closed since your last drink (since air passing through your mouth aids the alcohol in evaporating). Even a small amount of alcohol in your mouth could drastically throw off your BAC result since the machine is multiplying each gram of alcohol 210 times to estimate your alcohol-to-blood ratio.

Important Information Regarding Deferred Prosecution in Skagit County : Skagit County DUI Attorney, Lynnwood DUI Lawyer, Mukilteo DUI, Everett DUI

By Riley S. Lovejoy, Attorney at Law – If you are charged with a DUI in Skagit County and are interested in taking advantage of the Deferred Prosecution program, make sure your Assessment and Treatment Provider have sent all the necessary paperwork to your attorney prior to your court date. If the Judge finds that you are missing any of the many required documents they will not approve your petition to enter the Deferred Prosecution program. The take-home message is this: (1) Be sure to keep up with your treatment, and (2) Be sure your attorney is organized because care facilities are not always going to be reliable with getting your paperwork sent on time.

Not your typical Snohomish County or Skagit County DUI: British man DUI in toy Barbie Car

A BRITISH man was banned from driving for three years after getting behind the wheel of a pink toy Barbie car when drunk.

Paul Hutton, 40, leaped into the seat of the tiny electric car, which has a top speed of just over 6km/h, when he was over the UK legal limit, The Sun reports.

But a police patrol car spotted Hutton crammed behind the steering wheel crawling along the road near his home in Essex, southeastern England, and pulled him over.

Hutton admitted being a "complete twit" after he ended up in front of Colchester Magistrates' Court, in Essex, charged with drunk-driving.

Speaking after the hearing, he said: "You have to be a contortionist to get in, and then you can't get out.

"I was very surprised to get done for drink-driving but I was a twit to say the least.

"I'm not unhappy with my punishment, just a little bit surprised."

Hutton, a former Royal Air Force aeronautical engineer, modified the tiny car with his son for a college project, after finding it dumped near his home.

On the day of his arrest, he said he jumped into the 0.6m-high vehicle to drive it to a friend's house to show him the results of the project.

The white mini jeep, which he could only drive with his knees tucked up under his chin, runs on batteries and goes slower than a mobility scooter.

Thursday, April 15, 2010

What If I'm Arrested for DUI, Blow into the Machine and the Police Officer gives me Both Copies of the BAC Ticket on Accident? DUI Attorney Lynnwood, DUI Marysville, DUI Everett, DUI Mukilteo

By Riley S. Lovejoy, Attorney at Law – If an officer arrests you for DUI and you agree to blow into the BAC machine, the machine will print out two copies of its reading. One for you, and one goes to the prosecutor. But what if the officer mistakenly gives you both copies? Believe it or not, a similar case has gone all the way to the Washington State Court of Appeals. In Mount Vernon v Mount Vernon Municipal Court 93 Wn.App. 501, (1998), Trooper Bosman explained: “The central processing unit of the computer while the test is being run stores that information in short-term memory. From the short-term memory it is sent to the printer. There is nothing else [that] can go to the printer except what is in the short-term memory and that can go at the time of the test or can be commanded to go at a later time [a]s a copy if no one else has run the instrument or shut it off or on. If you shut it off or on you empty that short-term memory. If you run another test you displace the information that was in there with the new test. There is no way you can manipulate the data that is in the short term memory.” Essentially, the police are given only one bite at the apple. In the hypothetical described earlier, the police can’t print out a new ticket if they’ve turned off the machine or run another test. So without a copy of the original ticket, the Prosecution will need to rely on other evidence to support their DUI charge.

Wednesday, April 14, 2010

You Don't Need to Be Driving A Car to Be Stopped for DUI : DUI Marysville, DUI Edmonds, DUI Mukilteo, DUI Lynnwood, DUI Attorney Everett

By Riley S. Lovejoy, Attorney at Law – Here, a story about a man, a lawnmower, and a series of poor decisions. By the way, driving any motor vehicle can qualify you for a DUI, so please be careful. http://abclocal.go.com/wjrt/story?section=news/bizarre&id=7385284

Anacortes Man Arrested for DUI, DWLS 3, and Possession of Marijuana

On April 8^th an Anacortes police officer stopped a car driven by a 22-year-old Anacortes man in the 1300 block of 19th Street for speeding and failing to signal a turn at around 12:38 a.m. The man’s driver’s license was also suspended and he allegedly admitted he was trying to avoid police because he had warrants. He smelled of alcohol and showed other symptoms of intoxication. When the man opened his glove box for his insurance paperwork, an officer saw a marijuana pipe. He provided breath samples three times the legal limit. He was booked into jail on charges of DUI, driving with a suspended license and possession of marijuana.

Seattle Man arrested for DUI in Anacortes

On April 4 an officer officer stopped a pickup driven by a 35-year-old Seattle man for speeding on Commercial Avenue in the downtown area around 12:31 a.m. He smelled of intoxicants and had slurred speech and bloodshot eyes. The man’s driver’s license was suspended for unpaid tickets. He failed field sobriety tests. During DUI processing, the man allegedly said he had four or five drinks over the past few hours and made a mistake by driving. He provided breath samples significantly over the legal limit. He was cited and released.

Sedro-Woolley Woman arrested for DUI in Anacortes

According to the Anacortes American on April 3 in Anacortes a 25-year-old Sedro-Woolley woman was arrested on a charge of DUI after an officer stopped the car she was driving for weaving several times over the fog line on 12th Street around 10:16 p.m. She smelled strongly of alcohol, had glassy eyes and slurred speech and appeared somewhat confused. She allegedly said she had two shots of whiskey earlier. The male owner of the vehicle and the woman’s 7-year-old son were passengers in the car. She reportedly failed field sobriety tests, then provided breath samples more than two and a half times the legal limit.

Physical Control (DUI) in Anacortes

According to the Anacortes American an off-duty police officer saw a woman who appeared to be unconscious in the driver’s seat of a parked car in the 4400 block of Cherry Lane around 6:10 p.m. Tuesday, April 6 and stopped to check her welfare. The off-duty officer was able to wake her as another officer arrived. She was arrested on investigation of being in physical control of a motor vehicle while under the influence and later cited and released to her husband.

Snohomish County District Court, Cascade Division Suppresses BAC in DUI Cases

In Snohomish County District Court, Cascade Division a motion was brought to suppress the BAC results in a DUI case based on the fact that measurements made by scientific instruments such as gas chromotographs are uncertain in nature due to the variables involved in the measurement process. In a well thought out decision the Court in Cascade Division, Snohomish County District Court held that the BAC results must be suppressed and is not admissible based on ER 702 (Rules of Evidence) due to the “absence of a scientifically determined confidence level because it represents the facts and therefore cannot be helpful to the trier of fact.” Commissioner Moon, who ruled on behalf of the court, must be given credit as he clearly took the time to research the relevant issues before making this difficult decision. In arguments such as these a well educated and thorough decision is always respected no matter the result. The result in this case however was in favor of the defendant.

Tuesday, April 13, 2010

A Tragic Accident Involving at Least One Drunk Driver Leaves a Motorcyclist Dead : DUI King County, DUI Redmond, DUI Bellevue, DUI Seattle

By Riley S. Lovejoy, Attorney at Law – A former Tacoma firefighter has been found not guilty in a deadly crash that killed a motorcyclist last year. On Monday a jury found Joseph Mondau, 48, not guilty of vehicular homicide in the death of Mark Kaytna. However, Mondau was found guilty of driving under the influence. Read KOMO’s story here: http://www.komonews.com/news/local/90724199.html

And for a different report on the same story, the Tacoma News Tribune reports that the jury based their verdict on whether Mondau was at fault for the collision. Their story is here: http://www.thenewstribune.com/2010/04/12/1145303/ex-tacoma-firefighter-not-guilty.html

What are Implied Consent Warnings and What do they Mean? DUI Defense Attorney Edmonds, DUI Attorney Everett, DUI Lawyer Lynnwood, DUI Lawyer Marysville, DUI Mukilteo

By Riley S. Lovejoy, Attorney at Law - An officer has to read you the Implied Consent warnings prior to a breath or blood test. The Implied Consent law basically says that if you operate a motor vehicle in Washington, it is assumed you give consent to submit to a test of your breath or blood if you’re arrested for any offense where the arresting officer reasonably believes you were driving or in actual physical control of a motor vehicle while under the influence of liquor or drugs. To be valid, the Implied Consent warnings must be given before you are asked to provide a breath or blood sample. For you to properly decide whether to submit to a breath or blood test, the officer is required to advise you of your right to refuse the test and explain what will happen if you refuse. The law states that an Implied Consent warning is sufficient if “a person of normal intelligence” would understand the consequences of taking the test or refusing the test. The Implied Consent warning only guarantees you the opportunity to make a knowing and voluntary decision. So needless to say, arguing you were of subnormal intelligence at the time of the Implied Consent warnings is no defense.

Can Police Charge me With DUI For Just Taking My Prescrption Medicine as Instructed? DUI Attorney Mukilteo, DUI Lawyer Lynnwood, DUI Lawyer Seattle

By Riley S. Lovejoy, Attorney at Law - The lawful use of a drug is not a defense to a charge of DUI or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs. You may innocently use prescription drugs that have been prescribed by your doctor and have no idea of the harmful effects of the drug you are using. This is absolutely no defense to a DUI charge. In order to lawfully charge you with DUI or Physical Control, the Officer must only show they had probable cause to believe you were “affected by,” or “under the influence of” alcohol or drugs when you were stopped.

Monday, April 12, 2010

Another Tip on How To Avoid Geting Pulled Over for DUI in the First Place - Washington DUI Lawyer, Edmonds DUI, Everett DUI, Lynnwood DUI, Marysville DUI, Mukilteo DUI

By Riley S. Lovejoy, Attorney at Law – Another installment in a series of antithetical tips from a DUI Defense Attorney : Do not drive from a bar (drinking establishment) parking lot. If you have consumed more than one drink, do not go to your car, start it, and drive away when parked outside of a bar. For a lazy police officer, this is like fishing with a net. There are plenty of police officer’s who park in or near bar parking lots and simply watch for patrons leaving and follow them until the driver commits an infraction (easy to do) or drives suspiciously. If you do this and do not get caught, consider yourself lucky.

I was Ordered to Attend a DUI Victim's Panel - What is It? DUI Skagit County, DUI Snohomish County, DUI Island County, King County DUI Attorney

By Riley S. Lovejoy, Attorney at Law - A requirement of probation that is generally imposed at sentencing is a DUI victim’s panel. While it isn’t mandatory for a Judge to require attendance at a Victim’s Panel, practically speaking every judge imposes this sanction. The DUI Victim's Panel is a community meeting where volunteers who have been victims, offenders, and witnesses of DUIs give testimony sharing the experiences they have endured as a result of drivers under the influence. The panel's focus is to encourage people to be responsible for their choices and realize the true cost of driving impaired. The cost to attend is $30 to $40 depending on where you attend, and generally must be paid in cash. Another requirement to keep in mind is that you must be completely sober when you attend the Victim’s Panel.

23 Year Old DUI Suspect Responsible for Passenger's Death, Injured Construction Worker on I-5 near I-90 Entrance : DUI Attorney Seattle, DUI Lawyer King County

By Riley S. Lovejoy, Attorney at Law – A 23 year old DUI suspect is expected to be booked for involuntary manslaughter after a crash earlier this morning left his 25 year old passenger dead and an I-5 construction worker injured when the car he was driving rear-ended the construction worker’s truck. Police suspect alcohol was involved in the crash, which occurred on I-5 near the I-90 interchange. Check out the story here: http://www.komonews.com/news/local/90610874.html

Miranda in the DUI Context : Be Advised Before you Make Damaging Admissions : DUI Attorney Edmonds, DUI Everett, DUI Lynnwood, DUI Marysville, Mukilteo DUI Lawyer

By Riley S. Lovejoy, Attorney at Law – Admissions can be some of the most damaging evidence in a DUI case. Usually, they come in reply to the arresting officer’s questions, and are related to how much you had to drink. The Prosecution will typically argue that although you were not free to leave (which should trigger Miranda), the questioning was part of a “preliminary investigation” (to determine if you are intoxicated and should be arrested), and since you haven’t been placed in custody yet, Miranda isn’t required. Many clients tell us they make statements in hopes of talking their way out of being arrested. This never happens, so don’t make that mistake. Also, even if an officer fails to give you Miranda warnings, your case won’t necessarily be dismissed. Most often, a failure to give Miranda warnings will result in some or all of your statements being suppressed.

Friday, April 9, 2010

Should I do the Field Sobriety Tests if I'm Pulled over for DUI? : King County DUI, Seattle DUI, Bellevue DUI, Snohomish DUI, Lynnwood DUI, Edmonds DUI, Mukilteo DUI, Marysville DUI, Skagit County DUI

By Riley S. Lovejoy, Attorney at Law - If (when) the officer invites you out of your car to take Field Sobriety Tests, you may refuse them. They are voluntary. You may not be informed that they are voluntary, but the officer is required to tell you so. If you politely decline them, the most probable outcome is that you will be arrested. But consider this, if you are being asked to take Field Sobriety Tests, the overwhelming likelihood is that you were going to be arrested for suspicion of DUI anyways, and by declining the tests, you have removed a major component of the Prosecutor's case.

Local Coffee Chain Owner charged with Assault, Hit and Run, and DUI : DUI Attorney Seattle, King County DUI Lawyer

By Riley S. Lovejoy, Attorney at Law – Michael McConnell should probably stick to coffee. After a(n alleged) rock-em sock-em traffic collision/assault, the coffee jockey hit the road and was later nabbed by police at his pizza joint after being tipped off by the trusty baristas at Caffe Vita (where his car was registered), located conveniently close to the scene of the accident. Read the Seattle PI’s article here: http://www.seattlepi.com/local/418149_vita10.html.

Thursday, April 8, 2010

Good Driving Won't Cut it : You Could Get Rear-Ended by Someone and Still get Arrested for DUI, Even if It's not Your Fault! Skagit DUI, Edmonds DUI, Everett DUI, Lynnwood DUI, Marysville DUI Lawyer

By Riley S. Lovejoy, Attorney at Law – It may be against my business interest to say this, but Don’t Drink and Drive! Even if you are a good driver and obey all the traffic laws, we have represented clients who were involved in traffic accidents that were not their fault, and after the police arrived at the scene and smelled alcohol on their breath, our clients were investigated, arrested, and charged with DUI. Good driving won’t cut it, the best way to avoid a DUI charge is not to drive at all after you’ve been drinking.

Wednesday, April 7, 2010

Guemes Island Man Charged with Skagit County DUI

On March 27th, 2010, a 70-year-old Guemes Island man was arrested on a charge of DUI after the car he was driving down D Avenue crossed the center line and almost struck oncoming traffic around 1:48 p.m.
An officer driving southbound on D Avenue saw the near collision. The driver's breath alcohol was more than twice the legal limit.
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

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Anacortes Man Arrested for DUI and Placed In Skagit County Jail

A 62-year-old Anacortes man was arrested on charges of possession of narcotics and DUI and on an outstanding warrant for hit and run following a call from 6000 block of Sands Way around 8:25 p.m. Saturday, March 27.
Officers were told a former tenant at the trailer park was refusing to leave.
Responding officers found the man driving erratically on Oakes Avenue.
After stopping the vehicle, the officer performed field sobriety tests and determined the man was impaired.
The man also had a loaded syringe of suspected heroin in his pocket. He was arrested and was transported to Skagit County Jail.
At the time of arrest the man's breath alcohol was more than twice the legal limit.
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

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DUI Application for iphone/ipad announced - from Washington State DUI Attorney David N. Jolly

The new DUI application for the iphone and ipad is about to be announced and is in the last phases of the production stage. This will be the first DUI application designed to help those accused of DUI. Snohomish County DUI attorney David N. Jolly is the DUI attorney behind this application. What follows is the introduction to the DUI application:

Driving under the influence (DUI) is a serious offense and carries with it severe consequences and a social stigma. If you have been arrested for DUI it is critical that you immediately learn as much as you can about the law, the penalties, and how you can protect yourself. While it is true that consulting with and hiring an attorney is the smartest investment a defendant can make when facing the criminal charge of DUI, it is equally correct that prior to hiring an attorney it is wise to absorb as much as you can so that when you are considering an attorney you are properly armed with appropriate questions for that attorney.

This application is designed to provide the reader with a solid foundation to begin a DUI defense. Further, this application will provide the reader with material that will prepare them for the many collateral consequences that may come with a DUI charge, such as information on jail, probation, license suspensions, ignition interlock devices, alcohol evaluations and treatment, the DUI victim’s panel, and also information on DUI law in general. This application is a must for anyone who has been charged with DUI/DWI.

Finally, although this application provides valuable information it in no way replaces the value of a DUI attorney. Please rely on information provided by a DUI attorney as they are specially trained in the area of law and are familiar with their local courts, judges, and prosecuting attorneys.

Tuesday, April 6, 2010

DUI Suspect orders a Burrito

If you have been charged with a DUI in Snohomish County, Skagit County, Island County, or King County then this video has absolutely no relevance. However, it is “interesting.”

To see the video click here:

http://www.kirotv.com/video/23066770/index.html?source=CNN

Can I be Charged with a DUI even if I Blow Below a .08? Snohomish County DUI Attorney , Lynwood DUI Lawyer, Edmonds DUI, King County DUI Lawyer, Seattle DUI Attorney

By Riley S. Lovejoy, Attorney at Law – Did you know you can be charged with a DUI even if you blow under the .08 legal limit? If an officer determines that you have consumed any amount of alcohol and your performance to drive has diminished by even a small degree, you can be cited with a DUI. What this means is that any driver can be in danger of being cited with a DUI after consuming even small quantities of alcohol.

Lynnwood Municipal Court : Interlock Device is Required as a Condition of Release for DUI Suspects at Arraignment : DUI Lawyer Lynnwood, DUI Attorney Edmonds, DUI Attorney Marysville, DUI Lawyer Mukilteo

By Riley S. Lovejoy, Attorney at Law - If you were cited for a DUI by the City of Lynnwood Police Department and you refused to provide a breath sample back at the station, the Judge at your arraignment will impose as a condition of your release that you can only drive if your vehicle is equipped with a functioning interlock device.

Washington State Schools Chief Dorn Serving Jail for DUI

Washington Superintendent of Public Instruction Randy Dorn has been booked into the Buckley Jail in Pierce County to serve his one-day sentence for drunken driving.

The 56-year-old Dorn pleaded guilty last Friday in Orting Municipal Court. Judge John Curry sentenced him to 365 days in jail, but suspended all but one day of the sentence. Dorn was also fined $866 plus costs and assessments.

The schools chief says he's going to think about what he did. He also plans to write a letter to the children of Washington "and tell them this is something that's dangerous to do, and it will cost you."

Dorn was arrested March 21 about 15 miles from his Eatonville home while driving home from a crab feed and dance in rural Pierce County. The Washington State Patrol said a breath test found Dorn's blood-alcohol content was 0.11 percent. The legal intoxication threshold in Washington is 0.08.

Dead driver faced Seattle Municipal DUI in prior wreck

A month before Mike Turner crashed his Firebird into a metal pole in Ballard, killing himself and two friends, the 20-year-old was arrested on suspicion of drunken driving after crashing into parked cars and slamming into a tree, just blocks from where he died Sunday.
See all stories on this topic: http://seattletimes.nwsource.com/html/localnews/2011532796_threedead06m.html

Monday, April 5, 2010

Attorney Client Agreements - for Snohomish County or Skagit County DUI cases

If you have been charged with a DUI and are considering hiring an attorney you will undoubtedly face the awful fact that attorneys are expensive – death, taxes, and expensive attorneys are the only certainties in life it would seem. But the obvious aside, if you are spending significant money on an attorney you will likely have to sign an attorney client agreement. If so (and you should) be certain you review the agreement in its entirety to ensure you know what you’re signing. For example, are the fees “flat fees” or are they hourly, what happens if the case is not filed in the courts, are there trial fees, etc. Once signed you are considered contracted with the attorney so it’s important you know what you’re signing and if you don’t, don’t sign it.

Seattle DUI Attorney, Marysville DUI Attorney, Mukilteo DUI Attorney

By Riley S. Lovejoy, Attorney at Law - In a recent trial in Seattle Municipal court, one of our clients was acquitted of DUI charges after the jury was allowed to watch the 1 hour police dash-cam video that captured the client’s performance on Field Sobriety Tests. Although the Officer had determined our client failed the tests, the jury was able to watch the dash-cam video themselves, and they unanimously agreed that the client was not under the influence.

Do All Washington State Police Cars have Cameras on their Dashboards? DUI King County, DUI Seattle, DUI Bellevue, DUI Lynnwood, DUI Everett, DUI Edmonds

By Riley S. Lovejoy, Attorney at Law - In certain jurisdictions in Washington State, the police officers have dashboard cameras in the their vehicles, which can actually help validate the client’s version of events. Many times our attorneys have found inconsistencies between the officer’s written report and the actual events recorded by the officer’s dash cam. City of Seattle Officers have video cameras in their cars and record events of the arrest including a suspect’s performance on field sobriety tests. Also, the State Patrol has recently installed high-definition recording devices in 87 of their patrol cars.

Friday, April 2, 2010

Washington State Schools Chief Randy Dorn Pleads Guilty to DUI

ORTING, Wash. - Washington state schools chief Randy Dorn pleaded guilty Friday to a charge of drunk driving and was sentenced to serve a day in jail.
The charge stems from Dorn's arrest March 21 in Orting after an officer saw him speeding and pulled him over. Dorn failed a field sobriety test and later was found to have a blood alcohol level above the legal limit.
After Dorn pleaded guilty Friday, an Orting Municipal Court judge sentenced him to serve a 365-day jail term, with 364 days suspended. Dorn will serve his one-day jail term on Tuesday.
He also has been fined $866, and his driver's license was suspended for 90 days.
Dorn, whose official title is Washington state superintendent of public instruction, told the judge he doesn't have an alcohol problem.
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

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Kirkland DUI Attorney, DUI Lawyer Kirkland : Do Police In Kirkland have a Dash Camera to Record me while I'm Arrested on Suspicion of DUI?

By Riley S. Lovejoy, Attorney at Law - Kirkland Officers do not have video cameras in their police cars, however, they do have a camera with audio in the Breathalyzer (BAC) room. If you have been charged with a DUI in Kirkland Municipal Court, it’s important that your attorney review the BAC video to ensure the officers followed proper police protocol. An error made by the police officers can result in suppression of the breath test result, and a better deal for you in court.

Edmonds DUI lawyer, Everett DUI lawyer, Lynnwood DUI lawyer, Marysville DUI lawyer, Mukilteo DUI lawyer : Prevalence of Private, not Public Prosecutors for Municipal Cases in Snohomish County Cities

By Riley S. Lovejoy, Attorney at Law - Did you know that there are only two cities in Snohomish County who employ their own prosecuting attorneys? These cities are Everett and Marysville. All the other cities in Snohomish County have contracts with private law firms to prosecute their criminal cases.

Lynnwood DUI Cases

If you have been charged with a DUI in the City of Lynnwood, please call of our office. This is not a solicitation as the consultation is free and no pressure, but the reason you should contact our office is because DUI cases in Lynnwood are very tricky and need particular care and attention. First, the lynnwood police department is very well educated and focused on stopping and arresting DUI drivers. Second, the Judge is very harsh on DUI drivers (particularly repeat offenders), and has a jail down stairs where he can readily dispatch defenders. Third, the prosecuting attorneys have tremendous experience with DUI cases as that is the bread and butter of the Lynnwood PD. Please call us before you appear in court!

For information on your City of Lynnwood DUI please contact our Lynnwood DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com

Seattle, King County Man Guilty of 11 DUIs

SEATTLE -- He could be one of the state's most chronic DUI offenders. Dwight Benson has racked up 18 reckless driving and alcohol-related convictions in the past 25 years.
For more information on this story checkout this website:
http://www.komonews.com/news/local/89750637.html
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

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Thursday, April 1, 2010

Snohomish County - Edmonds DUI, Everett DUI, Lynnwood DUI - Stipulated Order of Continuance, Is it an Option?

By Riley S. Lovejoy, Attorney at Law – Did you know there are only three (3) courts in Snohomish County that permit the use of Stipulated Orders of Continuances (SOCs)? They are Edmonds Municipal Court, Everett Municipal Court and Lynnwood Municipal Court. What is an SOC? Depending on the severity of your DUI charge, your Defense Attorney can negotiate with the Prosecuting Attorney to amend the DUI to Negligent Driving in the First Degree (Neg 1 a.k.a. slow Neg 1). Essentially, the court allows you a second chance to prove you are a law abiding citizen, so that if you can manage to avoid any other criminal charges for five (5) years after the SOC is entered, you will be found guilty of Neg 1 (a lot better than having a DUI on your record!). With Neg 1, there is no mandatory jail time, no mandatory license suspension, no mandatory fines, and no mandatory Ignition Interlock Device.

This time, not a King County DUI, Snohomish County DUI, Island County DUI or Skagit County DUI, but Other Police Malfeasance: AAA finds Police to be Some of the Worst Drivers on the Road

By Riley S. Lovejoy, Attorney at Law – Although the police force exists to serve and protect citizens, sometimes it’s the citizens who needs some protection from the police. Namely, when the police are driving their patrol cars. This article, referring to a recent AAA report, finds that some of the worst drivers in our Nation’s capital are police officers. http://www.nbcwashington.com/news/Police-Sometimes-the-Worst-Drivers-AAA-89386427.html

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