Last week I blogged about the Washington Department of Licensing and their inconsistent rulings - actually that is not true - consistent rulings (consistently poor rulings). Also last week I submitted a motion for reconsideration to a hearing officer (who will remain nameless - Hank Landis, oops) who ruled against a client even though the law is clearly in favor of my client. The issue, which was ruled by a Judge in District Court in favor of my client, is whether an officer must keep the defendant in his view during the observation period. The answer is yes! If an officer fails to look at a defendant for any period of time during the observation period the observation period must be started over. Clear as day. In the case I argued at the DOL hearing the Officer testified that he looked away (and admitted he could not see my client when he did this) multiple times. Easy, the BAC must be suppressed because the Officer did not start the observation period over. The Judge in court agreed. The DOL hearing officer did not. To make the DOL hearing officer's opinion more frustrating is that after the motion for reconsideration was considered by him, he made the same mistake again! The moral of the story is if you are charged with DUI and face the wrath of the DOL, be prepared for frustration.
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, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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