Ransom Law Firm, Bellingham, WA. 98225

We, the people, have WON!

After much debate on the issue, the City Council decided to breach its contract with ATS (the traffic camera company) and pay ATS $100,000 for their troubles. 

http://www.bellinghamherald.com/2012/03/27/2455806/bellingham-ats-agree-to-suspend.html

The debate has been a political lightning rod, and a subject I’ve blogged on many times.   Yesterday’s vote ends more than a year of fighting over the camera program. In fall 2010, the council voted 6-1, with Seth Fleetwood opposed, to approve a law enabling use of the cameras.  Usually, these types of discussions open the door for public debate.  Citizens are allowed to voice their opinions.  This particluar matter piqued the interest of many Bellingham citizens.  Most railed against the traffic light cameras because they were thought to be an unlawful (and lazy) revenue generator for the City.  Instead of opening the floor for debate and discussion, the Council made voted behind closed doors, and without any public input whatsoever.  This enraged many citizens in Bellingham’s community. 

Opponents calling themselves Transportation Safety Coalition began circulating petitions for a local initiative requiring removing any cameras and obtaining voter approval of any plans to re-install them.  After they began their campaign, then-Mayor Dan Pike signed a contract with ATS in May 2011, obligating the city to at least a one-year camera program.  Breaching the contract would obligate the City to pay $100,000 to ATS.

In response, voters went forward with an Initiative to stop the installation of traffic camera.  Voters approved the initiative with 68 percent in favor, but, by that time, ATS had sued and an appeals court decided the initiative didn’t have any legal force. The state Supreme Court on March 8 essentially upheld the appeals court, ruling that city councils, not voters, have authority over traffic camera legislation.

Yesterday’s vote was spearheaded by the efforts of the Kelli Linville, the new mayor of Bellingham.  She didn’t support the cameras for multiple reasons, saying the city needed a public hearing before deciding whether to implement the cameras.  She also believed a contract should not be signed when an initiative is in the works.

Activist Tim Eyman, who supported the initiatives in Bellingham and other cities, called Bellingham’s decision a “mega-victory in our ongoing battle against those obnoxious ticketing cameras, which are simply a taxation-through-citation scheme.”

My opinion?  KUDOS to the City Council for waking up and realizing the citizens DO NOT WANT TRAFFIC CAMERAS.  This is inspiring, and should inspire faith in our city government. 

In Whatcom County, 31 drivers were arrested for driving under the influence during the patrols, which ran from March 9-18. Statewide, more than 1,060 drivers were arrested, according to the Whatcom County Traffic Safety Task Force.

http://www.bellinghamherald.com/2012/03/26/2454843/st-pattys-dui-patrols-catch-31.html

The investigations were intense, and part of a larger widespread crackdown.  The City of  Bellingham, Ferndale and Western Washington University police, the Whatcom County Sheriff’s Office and Washington State Patrol participated in the emphasis patrols, with funding from a Washington Traffic Safety Commission grant.

During the same period, the Washington State Liquor Control Board had undercover officers look for violations such as over service and under-age drinking.  Officers checked six establishments in Whatcom County and, fortunately, found no chargeable offenses.

My opinion?  Yes, it’s fun to celebrate holidays.  Yes, it’s fun to enjoy drinking with friends and family.  Be aware, however, that law enforcement comes out en masse on “drinking holidays” such as St. Patrick’s Day, Cinco de Mayo (May 5), Thanksgiving, Christmas, New Year’s Eve and the 4th of July.  They’ll pull you over for ANYTHING.  Although you might get away with failing to signal a turn on most occassions, you’re sure to get pulled over and investigated for DUI, Possession of Marijuana, Reckless Driving or a cavalcade of other crimes if you drive badly on holidays.  Be responsible.

How do you tell if someone is too stoned to drive?

States that allow medical marijuana have grappled with determining impairment levels for years. And voters in Colorado and Washington state will decide this fall whether to legalize the drug for recreational use, bringing a new urgency to the issue.

http://www.bellinghamherald.com/2012/03/18/2442675/stoned-driving-epidemic-puts-wrinkle.html

In short, authorities envision a legal threshold for pot that would be comparable to the blood-alcohol standard used to determine drunken driving.  But unlike alcohol, marijuana stays in the blood long after the high wears off a few hours after use.  Consequently, there is no quick test to determine someone’s level of impairment.  Authorities recognize the need for a solution.  Studies show that marijuana causes dizziness, slowed reaction time and drivers are more likely to drift and swerve while they’re high.

In Washington state, the ballot measure on marijuana legalization includes a 5 nanogram THC limit. 

But several factors can skew THC blood tests, including age, gender, weight and frequency of marijuana use. Also, THC can remain in the system weeks after a user sobers up, leading to the anxiety shared by many in the 16 medical marijuana states: They could be at risk for a positive test at any time, whether they had recently used the drug or not.

According to the attached article, Colorado state forensic toxicologist testified recently that “5 nanograms is more than fair” to determine intoxication. But, for now the blood test proposals remain politically fraught, with supporters and opponents of marijuana legalization hinging support on the issue.

My opinion?  Raise the level to 8 nanograms.  This is consistent with .08 BAC anyway.  If you have more than 8 nanograms, then you’re too high and shouldn’t drive.  Also, lower the level to 5 nanograms if alcohol is present.  And lower the alcohol level to .06 if THC is present.  These standards seem fair.  What doesn’t seem fair is charging people for Driving Under the Influence (DUI) if they are licensed to have it and ANY amount of marijuna is present in their bloodstream.

Sad news. 

Last Thursday, police raided three Bellingham medical marijuana cooperatives.  Apparantly, the marijuana cooperatives had far more marijuana - and hundreds more members - than is allowed under state law.

http://www.bellinghamherald.com/2012/03/16/2440635/police-medical-marijuana-co-ops.html

Five people were arrested.  All of them were charged with Unlawful Possession of Marijuanan with Intent to Deliver, a Class C felony, bringing a maximum of five years jail and a $10,000 fine.  The co-ops were The Joint, Northern Cross and KGB Collective.

Apparently, State law says medical marijuana co-ops are allowed to have up to ten members.  Unfortunately, the Northern Cross told police they has more than 3,000 members, while the two other cooperatives had hundreds of members.

My opinion?  It’s really unfortunate these dispensaries - which serve a medical purpose - become collateral damage in the ongoing war on drugs.  The laws are inconsistent.  Although it’s lawful for citizens can possess medical marijuana licenses if they prove a serious medical, they cannot obtain marijuana from co-ops because the co-ops keep getting shut down by the government.  Unbelievable.

Sweeping changes are needed.  Legalize marijuana.  Tax it.  End of story.

Good news.

Starting March 1, Americans with a single indictable offense in their criminal histories, for which they served less than six months in jail, are less likely to be turned back at the border.

http://www.fftimes.com/node/249239

Of all things, Canada’s tourism industry caused this stir.  The Tourism Facilitation Action Plan will make it easier—at least temporarily—for Americans who have minor criminal records to cross the border into Canada.  If a U.S. tourist meets the criteria under the Tourism Facilitation Action Plan, then border patrol agents should admit that person into Canada after they fill out a temporary resident permit form.  There will be no fee.

Although the final decision is left up to that border official, that border official’s decision will be guided by the new policy.

My opinion?  EXCELLENT.  Presently, Canada’s policies are to deny entry to people with DUI and Negligent Driving convictions.  The reason why is because Canada views DUI and any other alcohol related driving offense as a felony.  Many of my clients suffer as a result.  These highly restrictive policies hurt families and unnecessarily deny the enjoyment of international travel.  I’m glad Canada’s tourism industry finally spoke up and stepped to the plate.  Consequently, it’s now incumbent on the US government to also relax THEIR standards against Canadians with criminal history as they tryto enter the U.S.

Generally, no.

Former prosecutors tell people their prosecutorial experience working cases from “the other side” is a valuable asset.  They’ll say many things about how the system works, who they know, their reputations as former prosecutors, etc., in numerous efforts to impress potential clients.  Ultimately, the prosecutor-turned-defender will tell you they have the “inside track” in handling your case.

Don’t believe the hype.

Among other things, what REALLY matters is how many criminal DEFENSE cases your attorney has taken to jury trial.  A prosecutor-turned-defense attorney cannot help you if they have tried many cases as a prosecutor, yet relatively few cases as a defense attorney.

Consider this: many criminal defense lawyers were trained since the beginning of their careers to develop creative defenses that might not occur to a lawyer with a more prosecutorial frame of mind.   Defense lawyers that never worked for the prosecution also have no allegiances and may be more comfortable vigorously challenging the opposition.

My opinion?  You want someone to fight for you.  Alexander F. Ransom, Esq., is a career criminal defense attorney who represents clients facing federal charges, state felonies and district court misdemeanor charges across numerous counties. Believe me, you want an attorney who believes in your innocence and who does not approach your case as a prosecutor who maintains that you must prove your innocence.  THAT is why you hired an attorney to begin with, and THAT is why you’ll generally get better results hiring a career defense attorney.

-Alex

The Justice Department announced its recent findings after concluding an 8-month investigation of the Seattle Police Department. They found that SPD “has engaged in a pattern or practice of excessive force that violates Constitutional and federal law.”

http://www.q13fox.com/news/kcpq-feds-to-release-investigative-findings-friday-on-seattle-police-department-20111215,0,3910112.story

Systematic failures in oversight, training, discipline, and other major departmental function are to blame, the report stated. In a statement, the Justice Department said “a number of long-standing and entrenched deficiencies have caused or contributed to these patterns or practices of unlawful or troubling conduct.”For instance, among 1320 “use of force” reports filed between January 2009 and April 2011, only five were referred for “further review” within the department.

At a press conference Friday, U.S. Attorney Jenny Durkan was clear about the report’s conclusions. “When officers used force, it was done in an unconstitutional and excessive manner, nearly 20 percent of the time,” Durkan said.

The report states that in 57 percent of instances when officers used weapons such as batons, flashlights and pepper spray, they did so either too quickly or too excessively. It found that officers tend to escalate situations when arresting people for minor offenses, especially when the encounters are with people who are mentally ill or under the influence.

My opinion?  This is really bad news.  Sure, officers have extremely hard and difficult jobs.  Yes, they sometimes deal with irrational people and potentially dangerous encounters.  I get that.  It’s really bad, however, when we hear of officers - not alleged defendants - escalating situations out of control unnecessarily.  For example, some of my very own clients have ended up arrested and facing numerous charges when they only wanted to exercise their rights to speak to an attorney.  Is this justice? 

Let’s focus on the solution of training.  Continued training.  Attorneys and other professionals must attend classes every year which “re-up” their practice of law.  These classes are called Continuing Legal Education classes, or “CLE.”  Similarly, police officers should ge through similar ongoing training during the course of their profession.  Just my .02 cents. 

-Alex

Interesting and disturbing news:  close to one in three teens and young adults get arrested by age 23, suggests a new study that finds more of them are being booked now than in the 1960s.

http://www.msnbc.msn.com/id/45723332/ns/health-childrens_health/t/study-one-third-young-people-arrested-age/

The researchers said it seems that the criminal justice system has taken to arresting both the young and old more than it did in the past, when fines and citations might have been given to some people who are now arrested.

“If (police) find kids that are intoxicated or they have pulled over someone intoxicated… now, nine times out of 10 they’re going to make an arrest,” said John Paul Wright, who studies juvenile delinquency at the University of Cincinnati’s Institute of Crime Science, but wasn’t involved in the new study.

Those arrests are for everything from underage drinking and petty theft to violent crime, researchers said. They added that the increase might not necessarily reflect more criminal behavior in youth, but rather a police force that’s more apt to arrest young people than in the past.

Be careful.  Extra troopers, deputies and police officers will be on patrol this weekend in Whatcom County and around the state in an effort to get impaired drivers off the roads.

http://www.bellinghamherald.com/2011/12/15/2313094/extra-dui-patrols-begin-friday.html

About 1,000 law officers will be on duty in Washington the nights of Friday, Dec. 16, and Saturday, Dec. 17, for the 21st annual “Night of 1,000 Stars.”  The name refers to the badges worn by officers who will be watching for traffic violations, especially drunken driving, aggressive driving, speeding, and failure to wear a seatbelt.  “Every single year that we go through this we arrest people who made a bad choice,” said Washington State Patrol Trooper Keith Leary. “We want people to take our message seriously.”

A State Patrol airplane will also patrol Northwest Washington both nights.

And so it begins.  Again.

http://www.bellinghamherald.com/2011/11/21/2281026/holiday-season-brings-extra-dui.html

Revelers should keep an eye on their cocktail consumption, as law enforcement will be putting extra time into finding drunk drivers this holiday season, starting Thursday, Nov. 24.

State Patrol troopers, police officers and sheriff’s deputies are conducting extra DUI patrols from Thanksgiving to Jan. 2, in an effort to reduce injuries and deaths caused by drunken driving.

Officers in Whatcom County arrested 151 people for driving under the influence during the same period of increased patrols last year. The enforcement is part of Washington’s Strategic Highway Safety Plan to eliminate traffic fatalities by 2030.

My advice?  Take a taxi!  Paying $10-$50 for a ride home is MUCH cheaper than $5K in attorney fees, fines, suspended license costs, evaluations, and treatment.