October 31st, 2009
The possibility of serving time in jail is one of the most frightening things about being arrested for DUI. Many Washington State Patrol troopers routinely book into jail every person they arrest, thus many people already have had a view of what jail can be like. It is an unpleasant experience all around.
For a first [...]
Tags: DUI Arrest, Electronic Home Monitoring, Jail, Washington State DUI
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October 25th, 2009
Many people shudder at thought of having one of these devices and are disappointed to learn that this device may be the only way that can drive their car for period of time in the future. The reality is, with Washington State DUI laws become harsher ever …
Tags: DOL, DUI, ignition interlock, IID, IIL
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October 24th, 2009
An ignition interlock license is a license that permits one to drive during a period of license suspension resulting from a DUI arrest or conviction so long as the vehicle being driven is equipped with an ignition interlock device and SR22 insurance is in place. See RCW 46.20.385. Prior law required the device …
Tags: Ignition Interlock Device, License Suspension, Washington State DUI
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October 20th, 2009
Today, according to an article in the Washington Post, Justice Roberts of the United States Supreme Court “spoke out” about a DUI case. He was joined by Justice Scalia in dissenting from the decision of the other justices of the Court to deny review of a ruling from the Virginia Supreme Court. The …
Tags: Anonymous Tip, Campbell v. DOL, DUI Arrest
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October 17th, 2009
Nobody wants minors to drink and drive and Washington’s law regarding this is known as a “zero tolerance” law. Washington’s law prohibits a minor from driving after consuming alcohol. The law is commonly known as a “Minor DUI” but it a violation does not require proof that the minor …
Tags: DUI, Minor DUI, zero tolerance
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October 16th, 2009
Recently the Washington State Supreme Court answered this hypothetical question in State v. King. In State v. King the Washington State Supreme Court framed the issue as follows:
We must decide whether a police officer had the authority to arrest a motorcyclist for reckless driving outside the officer’s jurisdiction…….
The facts in State v. King were [...]
Tags: Police Jurisdiction, Power to Arrest, Seattle DUI Attorney, Tyler Sherwood King
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October 11th, 2009
Recently, an Oregon Appeals Court found that a suspected intoxicated driver was ‘coerced’ into providing a blood test. Police and prosecutors say a court of appeals ruling will make it more difficult to investigate and prosecute suspected drunken drivers. Although a man accused of drunken driving gave his consent to have his blood …
Tags: Bellingham DUI, City of Seattle v. St. John, DRE, Implied Consent Warnings, Refuse Breath Test, search warrant for blood
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October 10th, 2009
A DUI conviction carries a mandatory sentence include mandatory jail, fines, alcohol evaluation/treatment and more, that the judge is required by law to impose, with rare exceptions. In addition, the Department of Licensing imposes mandatory license suspension and ignition interlock requirements upon receiving notice that a driver has been convicted of DUI. A person charged [...]
Tags: Plea Bargain, Reckless Endangerment
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October 5th, 2009
Under Washington law negligent driving can be a crime or a civil infraction.
Negligent driving in the first degree is defined by RCW 46.61.5249, which states:
(1)(a) A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is [...]
Tags: Neg Drive, Negligent Driving First Degree, Negligent Driving Second Degree, Washington State
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October 5th, 2009
Under Washington law reckless driving is defined by RCW 46.61.500, which states:
(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year [...]
Tags: Reckless Driving, Reckless Racing, Street Racing, Washington State, Wilful or Wanton
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