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Phone: 425.451.1995
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BELLINGHAM OFFICE
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Bellingham, WA 98225
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Phone: 360.671.4384
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Washington state seeks to criminalize traffic infractions

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 [...]

What is a Washington state attempting to elude?

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 [...]

What is a Washington state vehicular homicide?

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 …

Forced blood from DUI arrestee results in lawsuit.

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 [...]

No Driver’s License if alcoholic?

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 [...]

What do you mean I could lose my social security benefits if I am convicted of a second offense DUI?

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 …

“Hard” license suspension for Seattle DUI?

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 [...]

Failing a DUI Field Sobriety Test but not drunk

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 [...]

What is a Washington state vehicular assault?

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 [...]

What do you mean the mandatory minimum jail sentence for a first offense DUI could be as high as 90 days?

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, …