The Law Firm of David N. Jolly: DUI Defense Attorneys: March 2011

Sunday, March 27, 2011

Lynnwood Everett Mukilteo DUI Attorney: DUI App deemed “harmful to public safety”

Lynnwood Everett Mukilteo DUI Attorney: DUI App deemed "harmful to public safety"

SEATTLE -- Thousands of drivers abruptly lost their cell phone app used to sniff out speed traps and DUI checkpoints.

Four U.S. Senators called the software "harmful to public safety," but the maker of the app insists what they're doing is legal.

Every year more than 10,000 Americans die in a drunk driving crash. It's the reason Senate Majority Leader Harry Reid and three others are asking software vendors like Apple, Google and the maker of Blackberry to stop selling apps that tell drivers where law enforcement will be watching for impaired drivers.

At the center of the storm is the app "Phantom Alert", which can be downloaded to a phone or GPS device.

The app's maker Joe Scott is livid. He said at the senators' request, Blackberry abruptly pulled their app Friday, leaving drivers who paid for the software without it. Scott insists their app is a legal, public service.

Phantom Alert contacts law enforcement all around the country to learn where officers will be watching for speeders and drunk drivers. Even their users can share hotspots with other users. But because the app warns drivers of an approaching DUI emphasis patrol, lawmakers argue that helps drunks evade law enforcement and puts us all at risk.

But the State Patrol doesn't see it that way.

"This is just an added tool to help them in their decision making to make a better choice not to get behind the wheel of a car after they drink and to slow down on the roadway," said Trooper J.J. Gundermann

Scott adds: "We are intimidating them and deterring them from driving."

Even though Blackberry maker Research in Motion pulled their app, Google told Phantom Alert they will not follow suit.

For more: http://www.komonews.com/news/problemsolvers/118689189.html

Note: First, sobriety check points are unconstitutional in Washington State. Second, in those states where they are legal the location is often broadcast on the radio, television, and newspaper prior to the night in question. What is the difference between that and the App? Please. Check out the original DUI App on iTunes - http://itunes.apple.com/us/app/dui-app-for-the-accused/id372536482?mt=8&ign-mpt=uo%3D4

For information on your 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, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com; www.everett-dui.co; www.mukilteodui.com

Oak Harbor Island County DUI Attorney: Is the Island County DUI Prosecutor really over worked?

Oak Harbor Island County DUI Attorney: Is the Island County DUI Prosecutor really over worked?

The Island County Sheriff's Office recently earned an inauspicious distinction when it became the sheriff's office with the lowest staffing level in the state based on commissioned officers per 1,000 population.

In a recent article in Island County newspaper the Whidbey News-Times the following information appeared:

A few years ago, the office had three deputy prosecutors handling cases in district court, but now it's down to just one. To help with the estimated 1,200 cases a year, Banks said he's had to assign a couple of the more senior deputy prosecutors to handle a share of the work. As a result, he and Deputy Prosecutor Eric Ohme will handle more felony cases.

Banks said he's going to try to limit the one full-time district court deputy to 700 cases a year, but that's still a huge load. In comparison, the county's contract with a defense firm limits defense attorneys to 350 cases a year in district court.

Banks said he's been working with law enforcement to limit the kinds of cases that are sent to district court, but has encountered some resistance. He suggested that officers stop handing out infractions for routine driving while license suspended cases, which account for about 350 cases a year. He points out that state lawmakers have considered de-criminalizing such cases because criminal charges usually don't prevent people from driving without valid licenses, but just make it harder for low-income people to get valid licenses.

But Banks said the state patrol won't go along with the idea because of a statewide policy. Instead, he's looking at other ways to deal with suspended license cases. One idea is just to drop the cases after the first hearing, unless the deputy prosecutor decides it's an especially egregious example.

Yet the deputy prosecutors in district court, Banks said, will continue to give priority to DUI and domestic violence cases.

For more: http://www.pnwlocalnews.com/whidbey/wnt/news/114385959.html

Editorial: First, the Island County District Court prosecutor is an exceptional attorney, works very hard, and is respected by all that deal with her. She is definitely one of the best going. However, comments that imply that 700 cases a year overload the Island County Prosecutor's office bewilder me. When I was a prosecutor I dealt with more than 150 new criminal cases a month (nearly 1500 a year). I also dealt with several hundred infraction cases a month (these were easy). Truthfully I was overworked and it was a struggle giving the time necessary to each case. But 700 cases a year in District Court is not work overload in a District Court – at least not in other Counties.

Bothell Seattle DUI Attorney: Seattle DUI Cases now under review

Bothell Seattle DUI Attorney: Seattle DUI Cases now under review

Seattle police have launched an internal investigation into the alleged mishandling of dozens of drunken-driving cases by members of the department's DUI Squad, prompting city attorneys to put some prosecutions on hold.

City Attorney Peter Holmes said in a statement that his criminal division will review current and past driving-under-the-influence (DUI) cases to determine whether they may be affected by the pending findings of the police investigation.

The investigation, disclosed by sources familiar with the matter and later confirmed by the department, is focused on accusations that arrest reports weren't properly screened and approved by a sergeant in the DUI Squad, as required under department policy. The investigation has forced the department to pull all but one member of its five-member DUI Squad from the street and assign them to desk duties, according to police.

Other officers will be specially assigned to take over the nighttime squad's regular DUI-enforcement duties during the investigation and patrol officers will continue to watch for impaired drivers, the department said.

The head of the Seattle police union, Sgt. Rich O'Neill, called the investigation an unfair reaction to a "paperwork snafu."

Among the allegations is that the sergeant, David A. Abe, a 32-year veteran, routinely did not report to work and approved DUI arrests by telephone, one source said.

A rubber stamp then was used by DUI officers to affix the sergeant's name to reports, the source said.

The practice has been going on for about a year, another source said.

In a written statement, the Police Department said Traffic Capt. Richard Belshay in mid-February began a review of some "supervisory inconsistencies" within the DUI Squad.

An investigation was opened March 8 into the conduct of the sergeant, according to the statement, which didn't identify Abe by name.

The investigation then broadened into the conduct of three other officers assigned to the DUI Squad.

One DUI Squad officer has not been named in the investigation and remains on duty, the statement said. Sources identified that officer as Eric Michl (note: this officer is rather well thought of so this is no surprise)

During the noon hour Monday, Sims briefed city attorneys on the matter, directing them that as of the 1:30 p.m. court docket to ask judges for continuances of DUI cases involving the three officers implicated in the investigation, according to the City's Attorney's Office.

The attorneys also were instructed not to agree to any guilty pleas in cases that involve the three officers.

O'Neill, the Seattle Police Officers' Guild president, said the lack of face-to-face screenings for DUI arrests doesn't affect the validity of the police reports submitted to prosecutors.

"This is the farthest thing from a scandal. This is an administrative, paperwork snafu, and these officers are the best in their field and it's a shame if it's characterized any other way," O'Neill said.

More here: http://seattletimes.nwsource.com/html/localnews/2014560548_duiprobe22m.html

Editorial: For years I have occasionally criticized a few police officers for extreme exaggeration or alternatively, stating facts that did not occur. I have been criticized for criticizing observed facts. And now this … Truth is that most police officers do a great job, and it is a hard job. However, a very few given them bad names and cause for skepticism.

For information on your 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, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com; www.everett-dui.co; www.mukilteodui.com

Tuesday, March 22, 2011

Bothell King County DUI Attorney: Seattle DUI Squad another Seattle Police Department Embarrassment

Bothell King County DUI Attorney: Seattle DUI Squad another Seattle Police Department Embarrassment

SEATTLE -- Is a police department already under intense scrutiny now trying to avoid public questions?

The Seattle Police Department on Monday took the unusual step of releasing a videotaped statement about a DUI scandal instead of talking with reporters and taking questions the public may have about the case.

This is a bizarre procedure.

Seattle police blew the whistle on its own DUI squad, saying three officers didn't follow departmental policy by failing to have a sergeant sign off on their reports.

It could have been a big plus -- an internal look-see to protect the public.

You may have seen the story about the dozens of DUI cases under scrutiny.

You may have heard the words from Deputy Chief Clark Kimerer: "From time to time issues arise that require review to insure best practices are being followed."

What you may not know is that statement was on the police website. There was no news conference, no questions from reporters.

Public relations professional Ron Dotzauer says the video news release by police was a "horrible idea."

"This is, again, gaming the system. This is a manipulative process that they are deploying rather than having a transparent process to deal with the public," he said.

Police say the criticism is misplaced; there's an ongoing investigation and no questions can be answered. A spokesman said the taped statement was an attempt to give TV stations the video it needs.

But Dotzauer calls it a bad decision by an agency facing a federal investigation and public concern.

"(Amid) suspicion about the professionalism of the Seattle Police Department, this just continues to contribute to the suspicion of how they are doing business," he said.

Seattle Mayor Mike McGinn had this to say about the video news release: "I think it is important for government to use all means of communicating, including questions and answers of the media."

The police video is on the Seattle Channel website. I asked the Seattle Channel whether it ever shot video news releases. The station said absolutely not, not even one that they can remember.

Turns out this video was shot at the police department, and was only distributed by the Seattle Channel.

If you wonder if future police comment will be by website only, the mayor says no.

"I am sure the police department will be available to answer questions on any number of on-going topics, as am I," said McGinn.

Dotzauer says concern over the video statement is more about the public than the media. He says the public deserves accessibility through the media.

Perhaps this time, it was just an experiment at communication. But Dotzauer says it was a failed experiment that should not be repeated.

For more click here: http://www.komonews.com/news/local/118473284.html

For information on your Washington State DUI arrest 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, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com, www.everett-dui.com, or www.mukilteodui.com

Anacortes Skagit County DUI Attorney: Anacortes Police Blotter March 16

Anacortes Skagit County DUI Attorney: Anacortes Police Blotter March 16

Police are looking for a man in connection with a theft at a hardware store.

On Feb. 27, the man and his two companions came into the store. One made a purchase while the other engaged an employee in the repair department in a conversation. A few days later, when a customer came in to retrieve a chain saw he left for repair, it was missing. Surveillance video shows the man removed the saw from the repair area while his friend distracted the employee. A store employee saw the man downtown March 10 and gave police his license plate number.

With the store video and license information, officers identified the suspect. The investigation continues.

Among the other 209 cases handled by Anacortes police during the previous week:

Friday, March 4

• A woman reported her son's car was parked on property in the 12000 block of Reservation Road near South March Point Road for about two weeks. During that time someone removed the tires, rims, battery and stereo speakers. The 1992 Ford Taurus was involved in a collision on Feb. 20 and was not driveable. It is possible someone thought it was abandoned.

• An 18-year-old Anacortes man was arrested on charges of driving with a suspended license, possession of marijuana and possession of alcohol by a minor following a routine traffic stop in the 2500 block of D Avenue around 12:15 p.m. The driver had head phones on, which is illegal when driving. An officer stopped the car to warn the driver and found he had no license. Marijuana and liquor reportedly were found in the man's vehicle.

• A 32-year-old Guemes Island man was arrested after police received a call that a suspicious man was looking in windows in the 1900 block of Commercial Avenue around 7 p.m. When officers approached the man he ran. He was apprehended after a short chase. He had two outstanding warrants from Snohomish County and was in possession of 12.5 grams of suspected methamphetamine at the time of his arrest.

• A 55-year-old Anacortes woman was arrested on a charge of DUI following a traffic stop at 22nd Street and M Avenue around 7:40 p.m. An officer on routine patrol first noticed the car as it waited for a stop light at M Avenue and 12th Street. The car stopped well behind the stop bars so the light was not cycling to green. The officer followed the car and saw several lane violations before stopping the car. The driver appeared to be intoxicated. She failed field sobriety tests and was arrested and taken to the police department for a breath test.

Saturday, March 5

• A 31-year-old Anacortes man was arrested on a charge of DUI after an officer stopped him around 12:20 a.m. for speeding in the downtown corridor of Commercial Avenue. The man appeared intoxicated and confused and reportedly handed the officer the owner's manual for his car when he was asked for his driver's license. The man failed physical sobriety tests and was arrested and taken to the police department for a breath test.

• A 51-year-old Anacortes woman was arrested on a charge of hit and run after the car she was allegedly driving struck a light pole at Skyline and Kingsway around 1:09 a.m. The car hit so hard the base was knocked about 100 feet from its original location. Witnesses told police they saw one person get out of the car and leave. Two hours later the woman called a tow company to remove the car. Officers contacted the woman and arrested her.

• A business in the 2700 block of Commercial Avenue reported an extremely intoxicated young man came in and requested assistance around 1:25 a.m. Officers contacted an 18-year-old Packwood man who was barely conscious. He reportedly told officers he consumed a lot of liquor. He was cited and released for minor consuming alcohol and transported to the hospital for assistance. Officers reported his alcohol level was three times the legal limit.

• A man in the 1100 block of Fourth Street called police after he confronted a person who was prowling his truck around 3:06 a.m. The thief reportedly had entered a neighbor's truck too. Nothing appeared to have been taken. He is described as a white male, 6 feet tall and 170 pounds. The prowler ran away and officers were unable to find him.

Sunday, March 6
• Two unlocked vehicles were prowled overnight while parked in a driveway in the 17000 block of 10th Street. Less than 50 cents in change was taken from one vehicle and nothing was taken from the other.

• A resident in the 2300 block of Westwood reported his unlocked car was prowled overnight and a $200 Tom-Tom brand GPS was taken.

• Police were called to an establishment in the 1900 block of Commercial Avenue where they arrested a 39-year-old Anacortes woman on a charge of domestic violence assault. The woman entered and saw her ex-boyfriend sitting at the bar. She reportedly became angry and yelled that this was her bar and he should leave, then hit him numerous times, breaking his glasses. Other patrons reportedly pulled her off but once she was released she bit the man in the arm. She was removed from the bar and officers arrested her in the parking lot.

• A 22-year-old Anacortes woman complained she was assaulted by her 27-year-old ex-boyfriend at her apartment. She told the 911 dispatcher she did not want police to contact her and hung up. Officers contacted her near her apartment and saw she had a cut lip. She reportedly told officers her ex-boyfriend pushed her down and choked her but she did not want him arrested. Officers were unable to find him. A summons was issued for the man to appear in court on charges of domestic violence assault and domestic violence malicious mischief.

Monday, March 7

• A resident in the 5000 block of Doon Way reported a $500 3-foot tall sundial was stolen from their yard sometime since January.

Tuesday, March 8

• An Anacortes School District bus traveling south on Commercial Avenue was hit by a vehicle westbound on 31st Street around 8:40 a.m. Twenty-six elementary school students were on the bus at the time of the collision and four were taken to Island Hospital with minor injuries. A 71-year-old Anacortes man was cited for failure to yield the right of way.

• An officer on routine patrol westbound on Oakes Avenue saw a silver car weaving and crossing the fog line around 8:27 p.m. The officer stopped the car on Oakes near Dakota and contacted the 75-year-old Anacortes woman driving. She showed obvious signs of intoxication. She was unsteady on her feet and was not able to complete field sobriety tests. She was arrested on a charge of DUI and taken to the police station for a breath test. She was released to her son.

Wednesday, March 9

• A 26-year-old woman was arrested on a charge of theft after officers received a report she took jewelry and gift items from a shop in the 600 block of Commercial Avenue. The store owner reported the woman gave some jewelry to a mutual friend, but there was no record of the woman purchasing the pieces. The shop owner told officers the woman comes in the shop a lot but never makes purchases. When officers contacted the suspect she originally denied taking any items. When confronted with physical evidence she allegedly admitted taking items, including some not yet reported stolen.

• A 31-year-old Lake Stevens man was cited for driving while his license was suspended, failure to secure a load and failure to use a court-ordered ignition interlock device after officer responded to a traffic incident at 12th Street and A Avenue around 2 p.m. The man was driving a truck and hauling a trailer full of wood scraps eastbound on Oakes Avenue when a piece of wood came off the load and struck a car behind him. The car's hood was damaged and the driver pulled over but the truck kept going. A witness followed the truck to a local hardware store parking lot. When the officer arrived the driver had just purchased tarp and tie downs to secure the load. He was cited and warned not to drive.

Anacortes Skagit County DUI Attorney: Anacortes Woman “fails” Field Sobriety Tests that NHTSA says she should not perform

Anacortes Skagit County DUI Attorney: Anacortes Woman "fails" Field Sobriety Tests that NHTSA says she should not perform

On March 8^th, 2011, an Anacortes police officer on routine patrol westbound on Oakes Avenue in Anacortes Skagit County saw a silver car weaving and crossing the fog line around 8:27 p.m. The Anacortes police officer stopped the car on Oakes near Dakota in Anacortes and contacted the 75-year-old Anacortes woman driving. She showed "obvious" signs of intoxication. She was unsteady on her feet and was not able to complete field sobriety tests. She was arrested on a charge of DUI in Anacortes and taken to the police station for a breath test. She was released to her son. She was later charged with an Anacortes DUI.

Note: NHTSA, the governmental body that "invented" the standardized field sobriety tests says that anyone over the age of 65 years should not do FSTs. So, why then does a NHTSA trained officer have a 75 year old woman perform FSTs? This isn't Seattle!

Anacortes Skagit County DUI Attorney: Anacortes man gives Anacortes officer vehicle’s owner manual instead of driver license

Anacortes Skagit County DUI Attorney: Anacortes man gives Anacortes officer vehicle's owner manual instead of driver license

On March 5^th in Anacortes Skagit County a 31-year-old Anacortes man was arrested on a charge of DUI after an Anacortes police officer stopped him around 12:20 a.m. for speeding in the downtown corridor of Commercial Avenue in Anacortes. The man appeared intoxicated and confused and reportedly handed the officer the owner's manual for his car when he was asked for his driver's license. The man failed physical sobriety tests and was arrested and taken to the police department for a breath test.

Note: NHTSA, the governmental body that "invented" the standardized field sobriety tests does not use the word "fail," anywhere. Why do officers use the word fail? They must have been trained by the Seattle Police Department

Anacortes Skagit County DUI Attorney: Another Anacortes DUI driver fails field sobriety tests that one cannot fail

Anacortes Skagit County DUI Attorney: Another Anacortes DUI driver fails field sobriety tests that one cannot fail

On March 4^th, 2011 in Anacortes Skagit County a 55-year-old Anacortes woman was arrested on a charge of DUI following a traffic stop at 22nd Street and M Avenue in Anacortes around 7:40 p.m. An Anacortes police officer on routine patrol first noticed the car as it waited for a stop light at M Avenue and 12th Street in Anacortes. The car stopped well behind the stop bars so the light was not cycling to green. The officer followed the car and saw several lane violations before stopping the car. The driver appeared to be intoxicated. She failed field sobriety tests and was arrested and taken to the police department for a breath test.

Note: NHTSA, the governmental body that "invented" the standardized field sobriety tests does not use the word "fail," anywhere. Why do officers use the word fail? Seems to be a pattern here.

Monday, March 21, 2011

Bothell King County DUI Attorney: Seattle DUI Squad Investigation bring DUI cases into doubt

Bothell King County DUI Attorney: Seattle DUI Squad Investigation bring DUI cases into doubt

SEATTLE -- The DUI squad sergeant being investigated for allegedly violating department policy was dealing with "serious family medical issues" during the months when he allegedly didn't follow procedure regarding DUI arrests, according to his union president.

All but one member of the Seattle police DUI squad were administratively reassigned last Wednesday and are being investigated for what the department called supervisory inconsistencies.

"The scope of the investigation at this point focuses on the administrative policy violation of screening all arrests with a supervisor in person, which department policy requires," according to a Seattle police statement. "This investigation is in its infancy. The scope may change as new information is developed."

The investigation is another setback for the department, which is being investigated by the U.S. Department of Justice following several high-profile incidents and an investigation request made by nearly three dozen Seattle-area organizations.

Seattle Police Officer's Guild President Rich O'Neill said there was a policy violation, but said it's not a big scandal.

"Realistically it's just an internal paperwork issue and you could have turned the paperwork in with no signature on it and it would have been just as valid."

O'Neill, himself a former member of the DUI Squad, said the screening requirement is not done by the State Patrol or the King County Sheriff's Office and can create significant travel time for the supervisor who isn't bound to a precinct.

Still, the investigation has raised questions about how cases might be affected.

Kimberly Mills, spokeswoman for City Attorney Pete Holmes, said the sergeant was not screening the arrests in person. The practice went on for many months, and dozens of cases are affected, she said.

The Criminal Division of the City Attorney's Office is expected to conduct an individual analysis to determine whether any of the DUI cases -- past and present -- may be impacted by the investigation findings.

Monday afternoon, Craig Sims, head of the City Attorney's Criminal Division, directed his attorneys to ask that all cases involving the officers under review be continued.

The attorneys were instructed not to agree to any pleas in cases that involve the three police officers implicated in the SPD review. Sims on Monday also provided notice of the issue to public defense attorneys.

"Once we determine the full scope of the issue we may look at past cases," Sims said in a statement.

The city attorney's office is waiting for the result of the internal police department investigation.

O'Neill said the matter is only an administrative paperwork issue.

"All of these arrest are supported by video, most of them are supported by blood evidence, and the legality of the arrests are not an issue," he said. "This was kind of like an audit of reports."

The sergeant, who was hired in Dec. 1978, received praise from O'Neill, who said the sergeant hadn't taken a sick day in three decades before the medical issues.

The squad had four members and one sergeant. Only one member of the squad, Officer Eric Michl, has not been reassigned.

The primary function of the DUI squad is to detect, arrest, process and help in the prosecution of alcohol and other drug-impaired drivers, according to the department.

Two members of the DUI squad, including Michl, are certified drug recognition experts, meaning they can evaluate and arrest drivers impaired by drugs.

Annually, the DUI officers arrest and process more than 1,000 drivers, according to department statistics.

For more click here: http://www.komonews.com/news/118401244.html

Bothell King County DUI Attorney: Bellevue Man under investigation for DUI after classic ’68 Vette flips

Bothell King County DUI Attorney: Bellevue Man under investigation for DUI after classic '68 Vette flips

From the Seattle PI

BELLEVUE, Wash. -- A man was seriously injured when he crashed his 1968 Chevy Corvette in Bellevue Sunday evening, and troopers say alcohol was a factor.

Witnesses told troopers the 52-year-old driver was going extremely fast down I-90 around 5:20 p.m. when he lost control and crashed into a concrete jersey wall near West Lake Sammamish Parkway. The impact caused the car to flip over near the right shoulder, and the driver was partially ejected.

The driver was rushed to Overlake Hospital in Bellevue for treatment of serious injuries, troopers said.

Investigators later determined that alcohol was likely a factor in the crash and the Bellevue man was later arrested for investigation of driving under the influence.

For more click here: http://www.komonews.com/news/local/118376674.html

Note: Classic Vette's don't hold a candle to classic Porsche's

Bothell King County DUI Attorney: Seattle DUI Squad Under Investigation

Bothell King County DUI Attorney: Seattle DUI Squad Under Investigation

From the Seattle PI

All but one member of the Seattle police DUI squad has been administratively reassigned and are being investigated by the department.

Beginning March 8, the DUI squad sergeant was investigated after Capt. Dick Belshay reviewed what the department called supervisory inconsistencies from the squad.

The investigation was broadened into the conduct of three other officers in the DUI squad and they were administratively reassigned Wednesday.

The squad had four members and one sergeant. Only one member of the squad, Officer Eric Michl, has not been reassigned.

Department policy required all arrests be screened in person with the sergeant. But Kimberly Mills, spokeswoman for City Attorney Pete Holmes, said the sergeant was screening the arrests out of the office.

The practice went on for many months, and dozens of cases are affected, she said.

Craig Sims, head of the City Attorney's Criminal Division, has been briefed of the internal investigation. Mills said there are issues with officer integrity, not evidence problems.

Seattle police did not say specifically if the any of those reassigned could be investigated for false swearing; state law makes it a gross misdemeanor for a person to make a false statement under a lawful oath. False swearing cases are rare in Washington.

The primary function of the DUI squad is to detect, arrest, process and assist in the prosecution of alcohol and other drug-impaired drivers, according to the department.

Two members of the DUI squad, including Michl, are certified drug recognition experts, meaning they can evaluate and arrest drivers impaired by drugs.

Annually, the DUI officers arrest and process more than 1,000 drivers, according to department statistics.

Click here to read more about the Seattle Police DUI Squad.

For more click here: http://www.seattlepi.com/local/437444_dui21.html

Friday, March 18, 2011

Everett Lynnwood DUI Attorney: King County DUI drivers total 29 for St. Patrick’s Day

Everett Lynnwood DUI Attorney: King County DUI drivers total 29 for St. Patrick's Day

State Patrol troopers nabbed 29 motorists in King County for driving under the influence on the evening of St. Patrick's Day, Trooper Julie Startup reported Friday morning.

The arrests occurred during a 12-hour period that began at 5 pm, she said in a statement. There were no traffic-related deaths during this period.

Extra troopers patrolled highways as part of an "emphasis" patrol. She said the DUI arrests during the Thursday's 12-hour period was "more than double" what troopers have recorded for the day so far in 2011.

"The number of DUI drivers taken off the road was still staggering," she said.

Just after midnight on Friday, troopers responded to a hit-and-run collision on Interstate 90. Startup described it as serious and said troopers remained on the scene for over three hours.

Two of the four people in the car suffered injuries, she said. They were taken to Harborview Medical Center in Seattle.

Other law enforcement agencies participated in this DUI emphasis patrol. Officials have said that about half of all King County traffic deaths were caused by a driver who was DUI.

Everett Lynnwood DUI Attorney: Washington’s Own American Idol arrested for DUI after being the victim of a DUI

Everett Lynnwood DUI Attorney: Washington's Own American Idol arrested for DUI after being the victim of a DUI

More celebrity DUIs

Stefano Langone

Name: Stefano Langone

Claim to Fame: American Idol contestant in 2011

Date of DUI: 2010

Facts: Stephano was stopped in Bellevue, Washington after he allegedly was observed changing lanes without signaling and speeding. He was arrested after reportedly did not do too well on the field sobriety tests -- one of which required him to recite the alphabet, which is not recognized by anybody as having any validity in DUI detection. While being transported to police station Stephano sang from the back seat of a patrol car as he was taken to the patrol's Bellevue office. His BAC was recorded at 0.094 and 0.088 percent.

Outcome: Stephano ultimately, he pleaded guilty to the lesser misdemeanor charge of first-degree negligent driving. He completed the terms of his sentence including alcohol-information class and community service.

Did You Know? Stephano was the victim of a DUI accident in 2009 and nearly lost his life. On American Idol he stated: "May 28, 2009, my life took a 180-degree turn. I was in an accident that changed my life unfortunately for the worst. I woke up to a firefighter and I'll never forget -- he looked down at me and he screamed to the EMTs, 'He's alive! He's alive!'" said Langone about the accident which reportedly left him with two broken arms, a fractured pelvis and several other injuries.

Source: www.seattletimes.com

Thursday, March 17, 2011

Everett Lynnwood DUI Attorney: Washington State Patrol out in Force for St. Patrick’s Day

Everett Lynnwood DUI Attorney: Washington State Patrol out in Force for St. Patrick's Day

The Washington State Patrol said St. Patrick's Day patrols will be in force in Arlington, Brier, Edmonds, Everett, Granite Falls, Lake Stevens, Lynnwood, Marysville, Mill Creek, Monroe, Mountlake Terrace, Snohomish and the Tulalip Indian Reservation along with the Snohomish County Sheriff's Office. The Bothell Police Department, which straddles the King-Snohomish County line, also will conduct patrols as part of the Snohomish County effort.

The State Patrol arrested 26 suspected drunken drivers in Snohomish County between March 11 and Wednesday. Last year, it arrested 20 suspected drunken drivers on St. Patrick's Day and the following day.

People still should be able to have a good time on St. Patrick's Day. They just need to make arrangements not to drive if they will be drinking, Leary said. "We encourage people to go out and have a great time," he said. "They just have to go out and do it responsibly and sensibly."

In Washington, impaired driving from drugs or alcohol remains the most frequent factor contributing to traffic deaths. In 2009, traffic crashes killed 491 people on Washington's roadways. Impaired drivers accounted for nearly 54 percent of the accidents.

More here: http://www.heraldnet.com/article/20110317/NEWS01/703179957

Everett Lynnwood DUI Attorney: Police on lookout for drunken drivers tonight

Everett Lynnwood DUI Attorney: Police on lookout for DUI drivers tonight

Law enforcement agencies across Snohomish County are poised to scour roads and highways for drunken drivers today and Friday during St. Patrick's Day celebrations. It's part of a 10-day emphasis patrol that began March 11. Last year, during this same time period, 142 DUI arrests were made in Snohomish County.

"If people are going to go out and celebrate St. Patrick's Day, they should make sure they have a designated driver or another ride set up," Washington State Patrol Trooper Keith Leary said. "We're having extra folks out." Fourteen additional troopers will be on the road looking for drunken drivers today and Friday in a district that stretches from Snohomish County to the Canadian border.

Drivers should be aware that county and city roads also will have a heavy presence of patrol officers, according to the Washington State Traffic Safety Commission.

More here: http://www.heraldnet.com/article/20110317/NEWS01/703179957

Bothell DUI Attorney: Suspected DUI driver from Bothell

Bothell DUI Attorney: Suspected DUI driver from Bothell

BOTHELL -- A Bothell-area man with a suspended license is being investigated for vehicular homicide in connection with a Thursday morning collision that killed an Everett man on Highway 527, the Washington State Patrol reported.

The accident just north of Highway 524 blocked northbound lanes around Thrashers Corner and slowed the commute. It occurred around 7:10 a.m. Traffic in the area was affected for hours.

"This will be a full-blown investigation," trooper Keith Leary said.

More here: http://www.heraldnet.com/article/20110317/NEWS01/703179882&SectionCat=NEWS01

Wednesday, March 16, 2011

Marysville Snohomish County DUI Attorney: DUI arrest after man tries keys at wrong house

Marysville Snohomish County DUI Attorney: DUI arrest after man tries keys at wrong house

SPOKANE, Wash. (AP) - A Spokane County sheriff's spokesman says an alcohol-impaired driver twice tried his house keys in the front door of a home that wasn't his before an officer arrived to arrest him.

Sgt. Dave Reagan says a woman resident called 911 Tuesday morning to say a man had parked in her driveway and was trying to open her door. She watched him drive away, then return, park and try again.

Reagan says 56-year-old John Stephen Cullen was booked into the county jail for investigation of DUI. The spokesman says Cullen's home is on the other side of the Spokane River, about a mile away.

Everett Lynnwood Snohomish County DUI Attorney: Washington State Patrol addresses "left lane campers"

Everett Lynnwood Snohomish County DUI Attorney: Washington State Patrol addresses "left lane campers"

Comment: I have to say, I support the WSP enforcing this particular offense. However, there is a fine line when considering whether this is an offense or not. Hypothetically if a vehicle passes a vehicle traveling in the far left lane (passing lane) is that far left lane driver impeding traffic? Probably not under the strictest sense of the law (and supported by case law). Hopefully this enforcement won't be used simply to stop and check drivers for other reasons. We'll see.

By Bill Sheets

The State Patrol is specifically addressing the "left lane camping" issue with a new YouTube video.

The police agency has created the video in its "Good to Know" series to help educate the public on the proper use of the left lane on state highways: www.youtube.com/user/wspgovandmedia.

"It was the intent of the Legislature that the left lane be used as a passing lane," Trooper J.J. Gundermann says in the video. "So any time you're on a state highway with two or more lanes in the same direction, the left lane is just that, a passing lane."

The State Patrol focuses most of its attention on driving behaviors that are likely to cause death or serious injuries, such as speeding, seat belt use and DUI, Gundermann says.

Still, the law (http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.100) specifically states that "it is a traffic infraction to drive continuously in the left lane of a multilane roadway when it impedes the flow of traffic."
Troopers do ticket drivers for this violation, Gundermann says.

http://www.heraldnet.com/article/20110308/BLOG17/110309842

Anacortes Skagit County DUI Attorney: Seattle driver tailgates her way into a DUI

Anacortes Skagit County DUI Attorney: Seattle driver tailgates her way into a DUI

A 51-year-old Seattle woman was arrested on a charge of DUI after an Anacortes Skagit County police officer on routine patrol noticed her tailgating other cars until they pulled off, then speeding and weaving between the fog and center lines on Commercial Avenue in Anacortes around 12:55 a.m. The vehicle pulled into a parking lot in the 900 block of 11th Street in Anacortes. The driver denied drinking any alcohol but failed physical sobriety tests. She was arrested and taken to the Anacortes police station for a breath test, which she refused.

Anacortes Skagit County DUI Attorney: Anacortes Skagit County Police Blotter-March 9, 2011

Anacortes Skagit County DUI Attorney: Anacortes Skagit County Police Blotter-March 9, 2011

An 18-year-old Anacortes man faces a charge of being in physical control of a vehicle while being impaired after a concerned resident near the 500 block of L Avenue called police to report seeing two teenagers acting strangely and throwing up around a vehicle parked in the area Monday, Feb. 28.

Officers found a blue SUV with an 18-year-old man slumped over the wheel and the car motor running. He appeared to be sick and under the influence of drugs. Officers called in a drug recognition expert from the Washington State Patrol to assist with the investigation and took the young man to Island Hospital for a blood test. He reportedly told officers they smoked "spice," a synthetic marijuana they purchased from a convenience store in the 1700 block of 12th Street.

According to the Washington State Board of Health, spice is a type of synthetic marijuana. Spice and similar products are sold in smoke shops and head shops. They contain potent synthetic cannabinoids and can cause harm when used, generally by smoking. These are intoxicants that can affect behavior, judgment and health. Poison Control had more than 600 calls on bad reactions to spice and similar products in 2010.

In January, the Board of Health passed an emergency measure banning the sale of spice and similar products and reclassified them as controlled substances. Officers delivered this information to the convenience store involved, as well as others in town, with warnings to remove it from their shelves or face prosecution.

Among the other 174 cases handled by Anacortes police during the previous week:

Saturday, Feb. 26

• A 25-year-old Anacortes woman faces a charge of domestic violence assault after her husband reported she hit him. Police were called to the couple's home where they found the 26-year-old man with obvious injury to the side of his face. He told officers his wife refused to allow him in the house after he was out gambling. He said he entered and she struck him hard and kept on hitting him until he called police. She fled the residence before officers arrived.

• A 26-year-old Anacortes man was cited for disorderly conduct following an incident at a private club in the 1000 block of Seventh Street around 1:41 a.m. Witnesses told officers the man was asked to leave the bar three times due to his level of intoxication but kept returning. After he was escorted out a fourth time he fell on the icy sidewalk and hit his head. An aid unit and police were called and the man was uncooperative with their efforts to assist him. He was transported to the hospital where officers reported he continued to be uncooperative with the ER staff. He was treated for his injuries, cited and released.

Sunday, Feb. 27

• A 51-year-old Seattle woman was arrested on a charge of DUI after an officer on routine patrol noticed her tailgating other cars until they pulled off, then speeding and weaving between the fog and center lines on Commercial Avenue around 12:55 a.m. The vehicle pulled into a parking lot in the 900 block of 11th Street. The driver denied drinking any alcohol but failed physical sobriety tests. She was arrested and taken to the police station for a breath test, which she refused.

• Police were called to a domestic violence incident on E Avenue where they contacted a 30-year-old Anacortes man who said his estranged wife took his truck and assaulted him when he tried to stop her. Officers saw the man had a bloody nose. The woman came into the police department the next day and gave a different account of the incident. She claimed her estranged husband assaulted her when she tried to leave in the truck. Officers are following up with additional witnesses to determine appropriate charges.

Tuesday, March 1

• Anacortes parks officials reported a restroom on the Tommy Thompson trail sustained about $100 of damage on Friday after vandals lit the restroom paper products on fire. Officers ask anyone who sees suspicious activity in city parks, trails or Forest Lands to report it in a timely manner.

• A 36-year-old man faces charges of possession of marijuana and drug paraphernalia following an incident in a motel in the 3000 block of Commercial Avenue around 10:53 p.m. Officers were called to the hotel for a report of an intoxicated patron in the lobby causing problems. The man was yelling profanities. Officers offered him the choice of returning to his room for the night or being arrested for disorderly conduct. He chose to retire for the night.

A short time later an officer on patrol noticed a group of people outside the man's motel room door. When the officer stopped to investigate, they said they worked with the man and were concerned he was not answering his door. They could see him on the floor inside the room. The motel clerk let them in the room. The officer saw a glass marijuana pipe and some marijuana in the room. The man was roused, refused medical attention and was cited.

DUI Books by David N. Jolly

Contact us for a FREE CONSULTATION

Search This Blog