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Wednesday, January 12, 2011

Snohomish County DUI Attorney: Sometimes DUI Judges don’t understand DUI law

Snohomish County DUI Attorney:  Sometimes DUI Judges don't understand DUI law

Typically DUI cases have many issues that need to be investigated and explored.  Some DUI issues may end up going nowhere while other may bear fruit.  Further, sometimes those charged with DUIs have no choice but to contest these issues because there is little to lose.  Such is the case with our office this week. 
This week we argued two motions to differing results.  One motion, in Snohomish County South District Court (Lynnwood) involved a DUI case where the defendant (our client) had chewing tobacco in his mouth when he blew into the BAC machine.  Sounds like an easy defense but not so.  No matter, we prevailed and our client received the benefit of a reduced charge from his original DUI (and not a good DUI).  In his case we won and his BAC resultes were suppressed.

In the second motion, in Snohomish County Cascade District Court (Arlington) we had a stronger motion where the facts satisfied the law, meaning, a dismissal was the only remedy.  We win right?!  No, we lose.  Even though the law demanded a dismissal due to the State's failure to validate a lawful stop, the Judge decided differently.  The Judge did so based on bias, his own beliefs and principals and a misguided understanding of the law.  Strong words but true.  Now our client is in a quandary, does he go to trial (and likely lose) and then appeal, or does he plead and do everything he can to mitigate the damage.  If money was no object he should appeal – he will most likely win.  However, there are risks and appealing is not cheap.

Moral of the story:  There is no such thing as a DUI case.  There is no such thing as consistency in DUI law and court rulings.  And finally, there is no such thing and consistently well educated and informed Judges.  Period.

For information on your Washington State MIP or Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com

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