September 5th, 2009
Washington state vehicular assault is a very serious offense under Washington state law. In fact, it is a Class B Felony which has a level four seriousness level. The maximum punishment under Washington law is ten years in prison and a $20,000 fine. A person is guilty of Washington state vehicular assault if they operate [...]
Tags: Vehicular Assault
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September 5th, 2009
Under Washington law attempting to elude is defined by RCW 46.61.024, which states: (1) Any driver of a motor vehicle who willfully fails or refuses to immediately bring his vehicle to a stop and who drives his vehicle in a reckless manner while attempting to elude a pursuing police vehicle, after being given a visual [...]
Tags: Attempting to Elude, Felony Traffic Offenses
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September 5th, 2009
Under Washington law vehicular homicide is defined by RCW 46.61.520, which states: (1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a …
Tags: Vehicular Homicide
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September 5th, 2009
WLWT-TV reports that a Lawrenceburg, Indiana man has filed a lawsuit against the police asserting that police forcibly drew blood and urine from his body during a drunk driving arrest. According to the report, a 53-year-old man was arrested on suspicion of drunk driving and although a breath test showed that he was under the [...]
Tags: Blood Test, Breath Test, DUI Arrest, DUI Defense, Jon Fox, Seattle DUI Attorney, Toxicology, Washington State DUI
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September 2nd, 2009
The State of Washington emphasizes alcohol treatment when necessary in connection with a Washington state or Seattle DUI arrest or conviction. However, it is not well known that even in the absence of a DUI conviction or a DUI arrest, the DOL will not issue a license to an individual who has been classified as [...]
Tags: Alcohol Treatment, Deferred Prosecution, DUI Arrest, DUI penalties, Jon Fox, Legal Limit, Seattle DUI Attorney
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August 13th, 2009
The Social Security Administration pays benefits under both the Social Security and the Supplemental Security Income (SSI) programs. Both of these programs prohibit payment to most prisoners, even if they are otherwise eligible. The Social Security Administration is required by law to suspend Social Security benefits for anyone convicted of a crime and …
Tags: Social Security Benefits for Prisioners
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August 12th, 2009
A “hard” license suspension is a license suspension for which there is no driving of any sort allowed. By way of background, under the 2009 amendments to Washington state’s DUI laws, a driver whose license is suspended for an alcohol-based DUI arrest or conviction may apply for an ignition interlock license. This license permits the [...]
Tags: DUI Arrest, DUI Defense, DUI penalties, Ignition Interlock Device, License Suspension
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August 8th, 2009
One of the “standardized” field sobriety tests routinely given in a Seattle DUI arrest is the “eye test” otherwise known as the test for Horizontal Gaze Nystagmus. In this test, the DUI arresting officer looks for “bouncing” or “jerking” of the eyes as they follow a stimulus, usually a finger or a pen. If the [...]
Tags: Drunk Tests, DUI Arrest, DUI Defense, Field Sobriety Tests, HGN, Jon Fox
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August 7th, 2009
Under Washington law vehicular assault is defined by RCW 46.61.522, which states: (1) A person is guilty of vehicular assault if he or she operates or drives any vehicle: (a) In a reckless manner and causes substantial bodily harm to another; or (b) While under the influence of intoxicating liquor or any drug, as defined [...]
Tags: Vehicular Assault
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August 5th, 2009
That’s right! If you are convicted of a first offense DUI and you are convicted of Driving While License Suspended in the First Degree and the two charges arise from the same incident then your mandatory minimum sentence will be 90 days in jail. RCW 46.20.342(1)(a), which governs driving while license suspended cases, …
Tags: Mandatory Minimum Sentence for DUI
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