Category Archives: Legislation

Border Patrol Backs Trump

Brandon Judd, the president of the National Border Patrol Council, told "Fox and Friends" on July 17, 2017, that morale is the highest he's seen throughout his 20 years within the agency. (Fox News Channel screenshot)

According to a news article by reporter Douglass Ernst of the Washington Times, President Trump received a glowing performance review Monday from the head of the National Border Patrol Council.

Brandon Judd, who is the President of the National Border Patrol Council, appeared on “Fox and Friends” on Monday to discuss illegal immigration, Mr. Trump’s plan to build a border wall with Mexico, and morale within the agency. The union president said that agents have a new “energy” to them due to a concrete commitment to enforcing existing federal laws.

“There’s a vibe, there’s an energy in the Border Patrol that’s never been there before,” Mr. Judd told host Steve Doocy. “In the 20 years I’ve been in the patrol, we haven’t seen this type of energy, and we’re excited because we signed up to do a job and this president is allowing us to do that job.”

Mr. Judd said that having a giant contiguous wall along the southern border was not as important as having barricades at “strategic locations” such as El Paso and San Diego.

“The president has done a great job of actually enforcing the law — something we didn’t see in the last eight years,” Mr. Judd said, Fox News Channel reported. “And if we continue to do that, then a clear message will be sent throughout the world that if you cross our borders illegally, you will be detained and you will be sent back.

“If you look at the rhetoric that the president sent out, we’ve had a drop that we’ve never seen before with any president,” he continued. “If you’re in the left, right or middle, you have to say this president has done exactly what he promised to do and we do have border security like what we expect to see.”

My opinion? Let’s observe how these ongoing immigration issues develop. Last month,  the U.S. Supreme Court Supreme Court had a ruling which allowed parts of President Donald Trump’s travel ban to go into effect and will hear oral arguments on the case this fall. In its decision, the court is allowing the ban to go into effect for foreign nationals who lack any “bona fide relationship with any person or entity in the United States.” The court, in an unsigned opinion, left the travel ban against citizens of six majority-Muslim on hold as applied to non-citizens with relationships with persons or entities in the United States, which includes most of the plaintiffs in both cases.

DV Protection Orders

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In Rodriquez v. Zavala, the WA Supreme Court held that a person does not have to be a victim of domestic violence (DV) in order to be included in a DV protection order.

BACKGROUND FACTS

Esmeralda Rodriguez and Luis Zavala shared a history of domestic violence. Over the course of their relationship, Zavala repeatedly physically and emotionally assaulted Rodriguez. He shoved Rodriguez to the ground while she was pregnant with their infant child L.Z., attempted to smother her with a pillow, blamed her for his failings in life, pulled a knife on her and promised to cut her into tiny pieces, threatened to kidnap L.Z., and said he would do something so horrible to Rodriguez’s daughters from a prior relationship that she would want to kill herself. He threatened to kill her, her children, and himself. Zavala tried to control Rodriguez. He restricted her communication with friends and family members, and he appeared uninvited wherever she was when she failed to return his phone calls.

Zavala’s history of violence against Rodriguez reached its peak one day in June 2015 after the couple had separated. At 2:00 a.m. that morning and in violation of a previous restraining order, Zavala pounded on Rodriguez’s door, threatening to break windows unless she let him in. Rodriguez went to the door and opened it enough to tell Zavala to leave. Zavala pushed past Rodriguez, cornered her, and began choking her. He told Rodriguez he was going to “end what he started.” The police arrived and arrested Zavala.

A few days later, Rodriguez went to the court and petitioned for a domestic violence protection order for herself and her children, including L.Z. In her petition, Rodriguez described the assault and Zavala’s history of violence. The court issued a temporary order pending a full hearing. The temporary order restrained Zavala from contacting Rodriguez and all four children.

At the later protection order hearing, Zavala appeared. Rodriguez discussed the choking incident and told the court that L.Z. had been asleep in another room during the most recent attack. She feared Zavala would take their son based on previous threats. Zavala admitted to coming to the house because he wanted to see L.Z., but denied Rodriguez’s allegations of abuse.

The trial court issued a protective order for Rodriguez and her daughters, but excluded L.Z., explaining that the boy was not “present” during the assault or threatened at all. According to the trial judge, “L.Z. wasn’t involved in any of this.” The order was effective for one year, expiring on June 26, 2016.

Rodriguez appealed. Among other things, she argued that her son should have been included in the final protection order based on her fear that Zavala would hurt L.Z. The Court of Appeals affirmed, finding that a petitioner may seek relief based only on her fear of imminent harm to herself. The WA Supreme Court granted review.

ISSUE

Whether the definition of “domestic violence” in chapter 26.50 RCW contemplates a parent’s fear of harm for a child at the hands of another parent.

COURT’S ANALYSIS AND CONCLUSION

The Court reasoned that in order to commence a domestic violence protection order action, a person must file a petition “alleging that the person has been the victim of domestic violence committed by the respondent. Under the statute, “Domestic violence” is defined as the following:

“(a) physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member.”

The Court further explained that The Court of Appeals’s interpretation of the statute was unnecessarily narrow. “By relating the fear of harm back to the petitioner, it ignores the final prepositional phrase ‘between family or household members.'” Consequently, because domestic violence includes the infliction of fear of harm between family members generally, the definition includes a mother’s fear of harm to her child by that child’s father.

Also, the context of the statute, related provisions, and statutory scheme as a whole also indicate that “domestic violence” was intended to cover more than merely a petitioner and a perpetrator:

“This definition reflects the legislative recognition that violence in the home encompasses many different familial and household roles; violence does not distinguish on the basis of relationship.”

Moreover, the Court reasoned that a person does not have to be a victim of domestic violence to be included in a protection order. RCW 26.50.060 gives trial courts substantial discretion to protect victims and their loved ones. The provision explains that a trial court may bar a respondent from going to the “day care or school of a child” or having “any contact with the victim of domestic violence or the victim’s children or members of the victim’s household” and that, notably, the court may order “other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected.”

Additionally, the Court said that the legislative intent of the Domestic Violence Prevention Act (DVPA) further supports that “domestic violence” includes a petitioner’s fear of harm between family members.

Finally, the Court explained that the plain language of RCW 26.50.010(3), related DV statutes, and the statutory scheme show that the definition of “domestic violence” allows a petitioner to seek relief based on a general fear of harm between family members. It said that deciding that “domestic violence” means the fear possessed only by the one seeking protection not only conflicts with the statute’s plain language, it would leave children unprotected:

“Even more acutely, such an interpretation would fail to protect infants and developmentally delayed children. These are the most vulnerable of our vulnerable populations. Excluding these children from protection orders because they fail to or cannot show fear of a harm they may not understand subjects them to violence the legislature expressly intended to prevent.”

Accordingly, the WA Supreme Court reversed the Court of Appeals because Zavala’s violent threats against L.Z. were “domestic violence” under the plain language of the statute, and Rodriguez properly petitioned for a protection order on L.Z.’s behalf based on her reasonable fear for him.

the “Do’s & Dont’s” of Washington’s Distracted Driving Law

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Great article by reporter Mike Lindblom of the Seattle Times discusses Washington’s Driving Under the Influence of Electronics (DUIE) Act set to be enforced in July.  The law forbids virtually all use of handheld gadgets such as phones, tablets, laptop computers and gaming devices while driving.

According to Lindblom, nearly one-tenth of motorists are holding a device at any given moment, state observation teams have found. That far outnumbers traffic police on the road and raises questions about the law’s chances of success. On the other hand, the state has a history of reducing drunken driving and posting a 95 percent compliance with seat-belt requirements. Linblom gave helpful insights to the law:

Q. When does the law take effect?

A. Approximately July 23, which is 90 days after the Legislature’s regular session adjourned, the governor’s staff say.

“Public safety is better served by implementing this bill this year,” Inslee wrote in his partial-veto message. Bill sponsor Sen. Ann Rivers, R-La Center, had initially proposed a Jan. 1, 2018, start, and then agreed to a year delay, in negotiations with the House, to give police and drivers more time to prepare.

Q. What will be banned?

A. Texting is already illegal, as is holding a cellphone at the ear. Drivers constantly flout those rules, or evade them by holding a phone between the legs, or just below the chin.

The new bill forbids handheld uses, including composing or reading any kind of message, picture or data. Photography while driving is illegal. Drivers also cannot use handheld devices while at a stop sign or red-light signal.

Q. What is still legal?

A. Drivers may still use a smartphone mounted in a dashboard cradle, for instance to use a navigation app, but not to watch video. The new law permits “minimal use of a finger” to activate an app or device.

Built-in electronic systems, such as hands-free calling and maps, remain legal. Calls to 911 or other emergency services are legal, as are urgent calls between transit employees and dispatchers. Amateur radio equipment and citizens-band radio, remain legal. Handheld devices may be used if the driver has pulled off the roadway or traffic lanes, where the vehicle “can safely remain stationary.”

Q. What are the penalties?

A. The standard traffic fine of $136 would nearly double to $235 on the second distracted-driving citation.

Q. Is DUIE a primary offense?

A. Yes. A police officer can pull someone over just for using a handheld device.

Q. Will a ticket raise my insurance rates?

A. Probably. Distracted-driving citations will be reported on a motorist’s record for use by the insurance industry, which testified in favor of the law. There was considerable debate about that, as some lawmakers sought to keep DUIE offenses off the record, the way texting violations are currently. But the safety hawks managed to make them reportable — a penalty that House sponsor Jessyn Farrell, D-Seattle, gained in exchange for allowing that now-vetoed 1½ year implementation time.

The cost of a citation on personal insurance bills will depend on what the data show, about a correlation between someone’s violations and crash history, said Nicole Ganley, public-affairs director for the Property Casualty Insurers Association of AmericaArkansas, North Dakota, and Colorado lawmakers passed stronger distraction bills this year, she said, but insurers especially like the Washington law’s broader sweep.

“It’s modernizing the driving code, so that all the behaviors are included,” she said. “This new law will serve as a deterrent and draws a line in the sand that this behavior is not safe for anyone.”

Q. What about other kinds of distraction?

A. Miscellaneous distractions such as grooming or eating will be a secondary offense, meaning a ticket may be issued if a law-enforcement officer pulls you over for some other offense, such as speeding or a dangerous lane change. The penalty will be an extra $30.

Q. Who will enforce this?

A. Lack of staffing is a potential weakness. Earlier this year, there were as few as a half-dozen State Patrol troopers some shifts in the whole Bellevue detachment, patrolling Interstate 405 and Interstate 90. Those teams should grow somewhat. The Legislature voted to raise trooper pay 16 percent this year, based on a governor’s agreement with the troopers’ labor union, in hopes of winning recruits and stopping attrition.

A new class of 49 people just graduated from the academy May 1, of which 16 will work in King County, said Trooper Rick Johnson, a spokesman in Bellevue. Another class is due in September. “We’re moving in the right direction, definitely,” he said.

In early April, the state’s law-enforcement agencies spent $400,000 in federal grants to add 6,000 patrol hours aimed at driver distraction. The same program in April 2016 produced 5,412 citations statewide, double the usual monthly pace, according to the Washington Traffic Safety Commission. Statistics show 171 of 568 road deaths in the state in 2015 were blamed on some form of driver distraction, not necessarily electronics.

Officials haven’t issued plans for any extra patrols, to break in the new law this summer. To date, only $19,000 has been budgeted to support the distraction law. Lawmakers weren’t intending to fund a big education blitz until next year.

So the safety commission will do what it can, to possibly include informational cards for police to hand drivers, before the tougher law begins July 23, according to spokeswoman Erica Stineman.

Gina Bagnariol-Benavides, who also testified for tougher laws, said the governor’s sudden change was “a pretty exciting thing.”

“Common sense tells you (that) you shouldn’t use your phone behind the wheel of a car,” Bagnariol-Benavides said. “I don’t think there’s a huge amount of education that should have to go along with that.”

Seattle Allows Filming Cops

 

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Great article in the Seattle Times by Daniel Beekman discusses how Seattle’s City Council voted Monday to enshrine in the Seattle Municipal Code the rights of the public to observe, record and criticize police activity without fear of retaliation.

 The only exceptions are when an observer hinders, delays or compromises legitimate police activity, threatens someone’s safety or attempts to incite other people to violence, according to the ordinance sponsored by Councilmember Lisa Herbold.

The First Amendment can offer protections to members of the public when they watch and record police. And a Seattle Police Department policy adopted in 2008 says bystanders may remain nearby and record the incident as long as they don’t interfere.

So, people already were allowed to watch and record police in Seattle. But the council’s vote means the rights of police observers are now recognized in city law.

According to Beekman, the ordinance says officers should assume members of the public are observing and possibly recording their work at all times. Councilmember Herbold initially proposed the change last year, pointing to high-profile shootings that was recorded by bystanders.

 “The value of video and audio recordings by the public is keenly evident from the recordings in 2016 of the deaths of Philando Castile in Minnesota, Alton Sterling in Baton Rouge … and law-enforcement officers in Dallas and Baton Rouge,” the ordinance says.

Across the country, smartphones are helping regular people hold their police departments accountable. But people watching, recording and criticizing officers have in some instances been arrested, according to a council memo.

Though Seattle police are recorded by patrol-car cameras and are being outfitted with body-worn cameras, civilian recordings are still important, Herbold said Monday.

My opinion? Wonderful! I’ve had many Clients complain that their attempts to record interactions with police result in their cameras being confiscated and being slapped with charges of Obstructing and Resisting police.

I’ve said it once, and I’ll say it again: recording interactions between police and citizens makes everyone behave better and shows proof of what really happened. Kudos to the Seattle City Council.

Proposed Law Evicts Suspected Meth Users From Hotels

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Interesting article by Marilyn Napier of the Skagit Valley Herald reported that a new state law proposed by the Skagit County Prosecuting Attorney will allow local governments to evict residents from certain buildings contaminated by methamphetamine, even without evidence of manufacturing. The new law takes effect on July 23, 2017.

State House Bill 1757 was created by the problems that arose at Burlington’s Sterling Motor Inn. Apparently, the hotel was found to have widespread high levels of methamphetamine contamination. As a result, the City of Burlington wanted residents of the motel to evacuate because the level of contamination was considered unsafe. Although the residents, some of whom had lived at the motel for years, left voluntarily, the city and Skagit County did not have the legal authority to evict them.

Because of the Clandestine Drug Lab law, the Skagit County Public Health Department was unable to evict the residents because the law required that there be evidence of drug manufacturing.

THE PROPONENTS.

Skagit County Prosecuting Attorney Rich Weyrich and the Washington Association of Prosecuting Attorneys wrote the bill, which was sponsored by Rep. Dave Hayes, R-Camano Island, and was passed by both the state House and state Senate in mid-April.

“This takes away the idea that you have to have evidence of manufacturing meth. Now you just have to show that there is meth residue present,” Weyrich said. Gov. Jay Inslee signed the bill April 25.

Burlington Mayor Steve Sexton said he doesn’t think the Sterling Motor Inn incident is going to be the last time the city deals with a contaminated property.

“I think that (the law) is what it takes for Skagit County to do the job they should do in situations like that,” he said. “This is what the county said they needed.”

A BLIGHT IN THE COMMUNITY.

Apparently, the state health department reported that about 60 percent of the rooms did not have fire safety measures, such as working smoke detectors. Violations also included rodent infestation in the laundry room, storage shed and the electrical panel room.

Beyond the failed health inspection, the motel had been the center of about 200 calls to police in 2015, a number that had continued to increase since 2009. According to police, officers had been called for weapon offenses, domestic violence, drug deals, prostitution, burglary and assault. Harrison added the law is good news for the public.

My opinion? This law is questionably unconstitutional. Although governments can pass laws for public safety reasons, they cannot make laws which violate people’s constitutional rights. Here, an “automatic eviction” lacking due process – or based on evidence which was obtained through unlawful search and seizure – might end up patently violating people’s individual rights. We’ll see what happens.

For more information on Search and Seizure, please refer to my Legal Guide titled, Search & Seizure: Basic Issues Regarding Their Search for Weapons, Drugs, Firearms and Other Contraband.

“Incentivized” Informants

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Very interesting op-ed piece from Barry Scheck of the Innocence Project discusses how Senate Bill 5038 rightfully confronts and addresses the issue of false testimony by “incentivized” confidential informants in criminal cases.

State Senate Bill 5038 adds to key advances that Washington has already made over the years to improve the administration of justice. “Incentivized” informants are people who are often used by the government in criminal prosecutions to provide information or evidence against defendants in exchange for an explicit promise or expectation of a personal benefit.

“Benefits include anything from reduced or eliminated jail time to improved living conditions behind bars to monetary rewards,” says Scheck. “Recognizing both the value of this testimony to the state and the risk that a witness will be tempted to give false testimony in order to benefit personally, this bill outlines specific information that must be learned and turned over to the defense in the discovery process before trial.” This, says Scheck, will ensure that all parties have an opportunity to properly scrutinize the informant.

“The reality is, some informants lie,” said Scheck. “When they do, they undermine the integrity and the truth-seeking function of our justice system.” In support of his argument, Scheck cited these facts:

• False testimony by incentivized witnesses is a leading cause of wrongful conviction in capital cases nationally, a contributing factor in nearly half of such exonerations.

Of 349 DNA-based exonerations, 17 percent involved an incentivized witness.

• In Tulia, Texas, 46 innocent people were convicted of drug charges based on the testimony of a single, lying informant.

• Ten Washington state wrongful conviction cases listed on the National Registry of Exonerations involved the use of incentivized testimony.

Scheck believes these numbers demonstrate that this is a national problem, requiring all states to look closely at the safeguards needed to regulate this system. SB 5038 addresses an information gap in the system that will improve accuracy and protect constitutional rights. Prosecutors have a responsibility to know and disclose this information.

In this year alone, in addition to Washington, four states are considering proposals to strengthen or establish new frameworks for assessing informant testimony. Notably, while some proposals go further than others, all of these proposed reforms impose new disclosure requirements around incentivized informants.”

My opinion? For far too long, the world of incentivized informants has been an evidentiary black hole. The testimony of jailhouse snitches, confidential informants and co-defendants should immediately be treated as suspect. Every year that passes without these reforms puts more innocent people at risk and strikes at the heart of the credibility of our justice system. A healthy justice system demands that we ensure that the strongest protections are in place for the innocent.

Elder Abuse Bill Goes to Vote

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Washington State may pass new legislation protecting elderly, vulnerable adults against financial exploitation and neglect.

House Bill 1153 unanimously passed in the Senate earlier this month and was approved in the House in February. A date has not yet been set for the bill to be signed by Gov. Jay Inslee, though it will happen within the next few weeks.

The legislation, requested by the attorney general, would (1) lower the requisite mental state for the crimes of Criminal Mistreatment in the first and second degree from recklessness to criminal negligence, and (2) creates the crimes of Theft from a Vulnerable Adult in the first degree and second degree. A “vulnerable adult” is defined as any person 18 years or older who is clearly mentally or physically unable to care for himself or herself or suffers from a cognitive impairment.

Currently, for a standard theft offense, a person could serve zero to 90 days in a county jail if they have no prior criminal history. The new statute, however, would rank the crime at a higher seriousness level of theft by forcing an offender who has no priors to serve up to 12 to 14 months in prison. Additionally, if defendants were convicted of several crimes in the past, prosecutors say they could face up to 8 ½ years in prison compared to the existing maximum penalty, which is closer to five years.

Some people opposed this part of the bill during public hearings held earlier this year saying it goes from zero to prison too quickly, but the bill’s sponsor, Democratic Rep. Roger Goodman of Kirkland, says financial abuse of elderly and vulnerable adults is reaching epidemic proportions and the penalties are not strong enough to deter anyone.

“We need to send a strong message that abusing the elderly, financially or physically, is serious enough that you’re going to have a felony on your record and you’re going to go to prison and be supervised afterward,” Goodman said.

Last year, the state’s adult protective services received more than 35,000 complaints. Of those, nearly 8,700 were related to financial abuse of an elderly or vulnerable adult and more than 5,600 were complaints of neglect.

Also under the statute, the standard of proof for criminal mistreatment cases would change from “recklessness” to “criminal negligence,” something prosecutors say was needed to make it easier to prove cases.

“This is a major change that will allow us to hold more people accountable who cause vulnerable people serious injury or death,” said Page Ulrey, a King County senior deputy prosecuting attorney, who has prosecuted elder abuse cases since 2001.

Ulrey said the new statute seems like a more appropriate penalty for the degree of harm that is often done in these cases, which she says is committed most often by someone the person trusts or loves such as a family member or close friend.

Mike Webb, the legislative affairs director at the attorney general’s office, said he’s seen jurors fail to find recklessness beyond a reasonable doubt in cases when an offender didn’t remove a catheter leading to death or somebody didn’t turn a vulnerable person over for so long it led to bed sores to the bone.

“The existing law made it very challenging to bring about a felony criminal mistreatment charge because jurors struggled to find reckless behavior,” he said. “Most saw it as a failure to act rather than recklessness.”

Ulrey pointed out another significant change the bill would do is extend the statute of limitations as financial exploitation of vulnerable adults can take years to be uncovered. She said it gives law enforcement, prosecutors and other adult protection services six years instead of three to investigate and gather information surrounding the case.

Thirty-seven states have criminal penalties for financial exploitation of the elderly and vulnerable adults, according to the National Conference of State Legislatures. Thirty-four states currently have pending legislation.

My opinion? Elder abuse is awful. Still, lowering the standard of proof for criminal mistreatment cases from “recklessness” to “criminal negligence” may inadvertently create problems for jurors trying these cases. There are many components to “Negligence.” For example, was there actual negligence? Was there a duty of care? Was there a breach of duty? If so, was the breach foreseeable under the circumstances? Were there damages? Not every case is cut and dried.

Distracted Driving Bill Passes House

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The Washington state House approved Senate Bill 5289, which would prohibit holding an electronic device — including phones, tablets and other electronic devices — while driving, including while in traffic or waiting for a traffic light to change. Fines for a first offense would total $136 while second and subsequent offenses could cost drivers up to $235.

The measure passed the Democratic-controlled chamber on a 63-35 vote. It now heads back to the Republican-controlled Senate for agreement on changes made in the House.

Sponsors & Objectors.

The bill’s sponsor, Republican Sen. Ann Rivers of La Center, told the Associated Press before the vote that she agrees with the House amendments and wants to get the bill to the governor’s desk this session. Rivers said she looks forward to being able to drive down the road at night and not see drivers’ faces lit up in blue from having their focus be on their phones instead of the road.

Democratic Rep. Jessyn Farrell of Seattle, who also sponsors a similar bill in the House, spoke in favor of the bill during the floor debate saying “this bill is really about safety and is about our kids who are watching every single thing that we do,” said Farrell.

However, Rep. Dave Hayes of Camano Island said the bill “goes a little too far.” Nevertheless, the Republican said he was pleased to see the House cleaned up the bill’s language by making the exemptions clearer.

Defenses & Exceptions.

The measure would allow “the minimal use of a finger” to activate, deactivate, or initiate a function of a personal electronic device while driving. Also, exceptions to the bill would include using an electronic device to contact emergency services, to operate an emergency vehicle, to allow transit system dispatch services to communicate time-sensitive messages and to allow any activities that are federally authorized for commercial motor vehicle drivers. Operating an amateur radio station and two-way or citizens band radio services are also exceptions in the proposal.

If signed into law this year, the measure would go into effect January 2019.

Lower .08 to .05?

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Interesting article from Heather Bosch of KING 5 news reports that Washington state lawmakers are considering lowering the legal limit for driving under intoxication (DUI) from .08 to .05.

“The research shows impairment begins with the first drink,” said Representative John Lovick, D-44th District. “And I believe this after being a state trooper for 31 years.” Lovick said he based his legislation, House Bill 1874, on recommendations from the National Transportation Safety Board.

According to Bosche, however, the American Beverage Institute opposes the bill and similar legislation being proposed in Hawaii and Utah. The industry group claims only a small percentage of deadly car crashes are caused by drivers with a blood alcohol concentration between .05 and .08, and that a 120-pound woman could reach .05 with just little more than one drink. A 150-pound man could reach it after two.

“The move would target responsible and moderate social drinkers while ignoring the hardcore drunk drivers who pose the greatest threat to safety,” said American Beverage Institute Managing Director Sarah Longwell. In short, Longwell says what’s needed is better enforcement of current laws: “We have to focus on the real problem and not be distracted by feel-good legislation that criminalizes perfectly responsible behavior,” said Longwell.

Representative John Lovick agrees that current laws could be better enforced, but says lowering the alcohol limit to .05 would be “a great first step in letting the public know that we are serious about keeping people who drive drunk, off the streets.”

Bosche reports that a public hearing before the House Transportation Committee will be held Tuesday. The bill already cleared the House Public Safety committee, but not without controversy.

“There will be a few ‘no’ votes on this side of the aisle,” Representative Dave Hayes (R-10th District) said during a recent hearing. “My personal viewpoint on this is just the fact that I don’t believe it’s necessary to reduce the blood alcohol level, based on testimony and my own personal experience in processing DUIs.” Hayes is a sergeant with the Snohomish County Sheriff’s Office.  Lovick is the former Snohomish County Sheriff.

The National Transportation Safety Board has said that if every state lowered the legal blood alcohol limit to .05, it would save 1,000 lives every year.

Interestingly, Mothers Against Drunk Driving (MADD) does not support the measure, calling it a “waste of time” because most people who are under .08 can pass field sobriety tests.

State Senate Passes Bill Making Fourth DUI a Felony.

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The WA State Senate has unanimously passed a bill that would make driving under the influence (DUI) a felony if the driver has three or more prior offenses on their criminal record within 10 years.

Senate Bill 5037 passed Thursday and now heads to the House, where it has stalled in previous years. The bill’s sponsors are as follows: Padden, Frockt, O’Ban, Darneille, Miloscia, Kuderer, Zeiger, Carlyle, Pearson, Conway, Rolfes, Palumbo, Angel, and Wellman.

Under the measure, a person who is charged with a fourth DUI, and has no other criminal history, would be subject to a standard sentencing range of 13 to 17 months in jail.

However, this bill allows first-time felony offenders to spend up to six months in jail, instead of nine, and finish out the rest of their sentence under supervision, such as attending Alcoholics Anonymous meetings and other programs.

My opinion? We shouldn’t be surprised. Over the past 20 years, Americans have seen a significant increase in the harsh penalties for intoxicated drivers. Perhaps this is necessary move given the thousands of lives lost to drunk drivers. Speaking as a criminal defense attorney, there’s serious question as to whether people commit these violations purely out of willful disregard for the law and for the safety of others or because of an untreated mental illness or alcohol addiction. Nevertheless, public outcry has led to increased sentences.

Many attorneys in Whatcom County and Skagit County claim to represent clients in DUI cases, but not all attorneys have the experience and successes of attorney Alexander F. Ransom.  To learn more about DUI laws or if you have been charged with a driving offense, make your first call count. Call the Law Office of Alexander F. Ransom today.



Alexander F. Ransom

Attorney at Law
Criminal Defense Lawyer

119 North Commercial St.
Suite #1420
Bellingham, WA 98225

Phone: (360) 746-2642
Fax: (360) 746-2949

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