Category Archives: Driving While License Suspended/Revoked

2021: Deadly for Drivers

Bellingham Defense Attorney, Driving While License Suspended/Revoked, Driving With Wheels Off Roadway, Drug Offenses, DUI, Mount Vernon Criminal Defense Attorney, Reckless Driving, Skagit County Criminal Defense, Vehicular Assault, Vehicular Homicide, Whatcom County Criminal Defense, , , , ,

Excellent article by journalist David Kroman found that 2021 was the deadliest on Washington roads in 15 years.

Washington for the year saw 540 fatal crashes, which killed more than 600 people, according to data from the Washington State Department of Transportation. Not since 2006 have the numbers been that high. In 118 of the year’s fatal crashes, a bicyclist or pedestrian was killed. An additional 2,411 crashes in 2021 resulted in likely serious injury — also the most since 2006 and 16% more than in 2020.

Alcohol- and drug-influenced serious and fatal crashes remained high in 2021, sustaining a harrowing 25% jump from 2019 to 2020. Speed, too, continued to play an outsized role after climbing nearly 18% in 2020.

Kroman reports that in Seattle, 31 people were killed in car crashes in 2021, according to preliminary data from the Seattle Department of Transportation. That, too, is the most since 2006. Jim Curtain, project development director at SDOT, said 19 of those deaths were pedestrians, and nearly half involved hit-and-runs. The city has also seen a jump in impaired driving, Curtain said.

INTERPRETING THE DATA

Kroman reports that early in the pandemic, reports from state troopers suggested behavior behind the wheel had become more extreme. There was a rise of speed-related crashes and so-called “aggressive drivers.” As the roads emptied, drivers could more easily hit triple digits on their speedometers. Combined with a rise in alcohol and drug use, collisions that may have been moderate in 2019 became serious or deadly in 2020.

As traffic returns, 2021’s picture is less obvious. Speed and distraction are almost certainly at the trend’s core, said Mark Hallenbeck, director of the Washington State Transportation Center at the University of Washington. But there’s another, more nebulous cause that’s even more difficult to track.

“We have a pissed-off society . . . When you are in your big metal box of a car, you have an awful lot of ability to act out your frustrations both with accelerator and brake.” ~Mark Hallenbeck, director of the Washington State Transportation Center

HOW WASHINGTON COMPARES

Washington’s 6% rise in serious and fatal crashes from 2019 to 2020 was close to average for the country that year, which saw a national 7% spike, according to the National Safety Council. Maine, Arkansas and Washington, D.C., experienced the sharpest jumps, each over 30%. Rhode Island saw a 24% increase.

My opinion? The stressors of 2020-21 — isolation, uncertainty, fear — remain. And with them comes an environment still conducive to risk, substance abuse and high speeds. Please contact my office if you, a friend or family member are charged with a DUI, Reckless Driving or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Prosecutor Opposes Suspending Driver’s Licenses for Failure to Pay Traffic Tickets

Bellingham Defense Attorney, Driving While License Suspended/Revoked, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Suspended License Georgia | DUI Lawyer | Criminal Defense Attorney

In an Open Letter released by the Bellingham Herald, Whatcom County Prosecutor Eric Richey wants to stop using courts and laws to act as debt collectors.

“I am opposed to the current practice of suspending Washingtonians driver’s licenses for failure to pay traffic tickets,” wrote Eric Richey. “This year, the Washington legislature has an opportunity to eliminate this harmful policy.”

Richey explains how Senate Bill 5226, sponsored by Sen. Jesse Salomon (D-Shoreline), will eliminate the practice of suspending licenses for non-public safety reasons while strengthening accountability measures. Currently, the measure has already passed in the Senate with support from both sides of the aisle. The bill rights past wrongs by reinstating individuals’ licenses who were suspended for a reason entirely unrelated to public safety: failing to have the money to pay a court fine.

Richey believes Senate Bill 5226 helps focus the prosecutor’s office – and law enforcement’s resources – on protecting the public’s safety, instead of criminalizing poverty.

“My office and I are committed to continuing to protect the safety of Whatcom County. However, to effectively do so, we must stop using courts and laws to act as debt collectors, and instead use them to protect our residents and hold individuals accountable. Senate Bill 5226 will do that: keeping our roads safe without penalizing residents for an inability to pay court fines and fees. I urge the legislature to pass this bill and continue working in future sessions to decriminalize poverty by eliminating the remaining paths to suspending driver’s licenses, such as missing hearings related to payment plans, that are not covered within SB 5226.” ~ Eric Richey, Whatcom County Prosecutor

Well said. Our current practice of suspending Washingtonians driver’s licenses for failure to pay traffic tickets is outdated. It essentially criminalizes poverty.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

ACLU Sues DOL

ACLU, Bellingham Defense Attorney, Constitutional Rights, Driving While License Suspended/Revoked, Due Process, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Guide to Pinellas County Driving on Suspended License Charges

In a press release, the ACLU of Washington acknowledges filing a lawsuit on behalf of individuals who have had their driver’s licenses suspended by the Washington Department of Licensing (DOL) because they were unable to pay fines and fees for moving violations.

The complaint claims that Washington’s law authorizing automatic and mandatory license suspensions for failure to pay moving violation fines violates the state constitution’s rights to due process and equal protection. The lawsuit also alleges that license suspension for failure to pay a ticket is an unconstitutionally excessive punishment.

According to the ACLU’s press release, the plaintiffs in the case come from throughout Washington and have suffered a variety of negative consequences due to the loss of their license—consequences that individuals with an ability to pay traffic fines would not face. These include loss of employment and income; the inability to take children to school; and the inability to care for family members. These additional barriers compound the root problems that make it difficult for people with low or no income to pay fines and fees.

“Washington’s law authorizing automatic and mandatory license suspensions not only violates basic fairness for people with low or no income, it violates the state constitution,” said ACLU of Washington Staff Attorney Lisa Nowlin.

“Ability to pay must be considered when suspending a license, because no one should suffer additional penalties for a moving violation because of poverty.” ~Lisa Nowlin, ACLU Staff Attorney

“The American legal system is founded on the principle that everyone, regardless of means, is treated the same under the law. Washington’s license suspension laws violate that principle,” said Donald Scaramastra, cooperating attorney from Foster Garvey, PC.

My opinion? It’s about darn time . . .

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Washington Is Toughest State to Get a Driver’s License

Bellingham Defense Attorney, Driving While License Suspended/Revoked, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , , , ,

An article by Seattle Times staff reporter claims that Washington is the toughest state to get a driver’s license.

Personal-injury law firm Siegfried & Jensen. Using state handbooks and public documents about the requirements of each state’s tests, the firm examined a variety of information, including the number of questions on the knowledge portion of the exam and the number of maneuvers tested in the skills portion.

The ratings also take into account the cost of getting a license, whether a state offers free retakes and whether a learner’s permit is required for applicants 18 and older, among other factors. Because the cost of testing in Washington varies by testing location, the study evaluated Washington state based on the typical cost of testing in Seattle, the most populous city.

Washington’s difficulty score (80 out of a possible 100) was almost twice that of South Dakota, which was ranked the easiest with a score of 42. The study controlled for mitigating circumstances such as veteran status or disability.

Washington state Department of Licensing (DOL) spokesperson Christine Anthony said no one she talked to at the DOL had heard that Washington had the strictest license requirements in the nation. In Washington, more people fail the written knowledge test than the driving-skills test, according to driving-school instructors, Ms. Anthony and DOL data.

In the first four months of 2019, about 77% of people who took the driving-skills portion of the test passed, regardless of whether the test was administered at one of the state Department of Licensing offices or through a private driver-training school.

However, only about half of the more than 84,000 people who took the knowledge test in that same time period passed on the first try, according to DOL data.

Please contact my office if you a friend or family member face charges of Driving Without a License or Driving While License Suspended. Hiring an effective and competent defense attorney is the first and best step toward justice.

“Am I Free To Leave?”

Bellingham Defense Attorney, Driving While License Suspended/Revoked, Firearm, Fourth Amendment, Jury Trial, law enforcement, Mount Vernon Criminal Defense Attorney, police, Reasonable Suspicion, Search and Seizure, Skagit County Criminal Defense, Terry Stop, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

RAW VIDEO: Camaro vs Police Cars After Game Stop Robbery in Houston - YouTube

In State v. Johnson, the WA Court of Appeals held that a “seizure” of a person occurs when an officer’s words and action would have conveyed to an innocent person that his or movements are being restricted. Officers need not create a complete obstruction of an individual’s movements in order for the encounter to become a seizure.

BACKGROUND FACTS

Officer Yates and Officer George of the Lynnwood Police Department were engaged in a proactive patrol late at night in an area known to have a high rate of criminal activity. The officers observed a silver vehicle enter a motel parking lot and park in a stall. After the vehicle came to rest, about a minute and a half passed without any person entering or leaving the vehicle. The officers became suspicious that its occupants were using drugs.

The officers, both of whom were armed and in uniform, approached the vehicle on foot and stood on opposite sides adjacent to the driver’s and passenger’s doors. They shined flashlights into the vehicle’s interior to enable them to see the vehicle’s occupants and ensure that neither was holding anything that could put the officers in danger. Because the vehicle was also flanked on both sides by cars parked in adjoining stalls, the officers had minimal space to move.

Officer Yates did not see any drugs or drug paraphernalia when he shined his flashlight inside the passenger compartment. Inside were the defendant Mr. Johnson and a female passenger.

Officer Yates stood on the passenger side while Officer George stood adjacent to the driver’s door. Yates sought to start a conversation with Johnson, who was in the driver’s seat, and did so by asking, “Hey, is this Taylor’s vehicle?” In fact, there was no “Taylor”; the ruse was intended to make Johnson feel more comfortable, in the hope that he would talk with the officer. Johnson appeared confused by the question, and Yates asked, again, whether the vehicle was “Taylor Smith’s vehicle.” In response, Johnson stated that the vehicle was his own and that he had recently purchased it.

Meanwhile, Officer George, who was leaning over the driver’s side door, noticed a handgun placed between the driver’s seat and the door.

George alerted Yates to the presence of the firearm, drew his own handgun, opened the driver’s door and removed the weapon from Johnson’s vehicle. Subsequently, Johnson was removed from the vehicle. Meanwhile, police dispatch informed the officers that Johnson’s driver’s license was suspended in the third degree, and that he had an outstanding arrest warrant and a felony conviction. The officers then informed Johnson that he was being detained but not placed under arrest and advised him of his Miranda rights.

Eventually, Johnson was charged with unlawful possession of a firearm in
the first degree.

Before trial, Johnson moved to suppress the evidence of the gun found in his possession, contending that it was found attendant to his unlawful seizure. After an evidentiary hearing, the trial court granted Johnson’s motion. However, the judge did not make a determination as to whether Johnson was seized prior to the discovery and removal of the firearm, instead ruling that the encounter was a “social contact” and that “law enforcement had an insufficient basis to initiate a social contact.” The trial court further acknowledged that granting the motion to suppress essentially terminated the State’s case. The State appeals from the order granting Johnson’s motion.

COURT’S ANALYSIS & CONCLUSIONS

“In a constitutional sense, the term “social contact” is meaningless. The term has been adopted by lawyers and judges to describe circumstances that do
not amount to a seizure.”

The Court of Appeals further reasoned that term has been adopted by lawyers and judges to describe circumstances that do not amount to a seizure. It explained, for example, that a social contact is said to rest someplace between an officer’s saying ‘hello’ to a stranger on the street and, at the other end of the spectrum, an investigative detention (i.e., Terry stop).

“Fortunately, seizure jurisprudence is well-developed,” said the Court. It said the WA Constitution does not forbid social contacts between police and citizens. A police officer’s conduct in engaging a defendant in conversation in a public place and asking for
identification does not, alone, raise the encounter to an investigative detention. Not
every encounter between a police officer and a citizen is an intrusion requiring an
objective justification. Thus, the police are permitted to engage persons in conversation and ask for identification even in the absence of an articulable suspicion of wrongdoing.

“However, officers need not create a complete obstruction of an individual’s movements in order for the encounter to become a seizure. The test is whether a reasonable person faced with similar circumstances would feel free to leave or otherwise terminate the encounter.”

The Court of Appeals held the search and seizure unlawful. In the instant case, the defendant was seized when officers asked for proof of his identity under a totality of the circumstances analysis as (1) the defendant was seated in a parked car that was flanked by cars parked in each of the adjoining spaces when the two uniformed officers stood adjacent to the vehicle’s doors, such that neither the defendant nor his passenger would have been able to open the doors and walk away from the vehicle without the officers moving or giving way; (2) the defendant could not move his vehicle in reverse without risking his car making contact with one or both of the officers and a barrier prevented the vehicle from pulling forward, (3) the officers illuminated the interior of the vehicle with flashlights, and (4) the officers used a ruse to begin the contact, asking “Is this Taylor’s car?” (5) when the officers approached the vehicle and initiated a conversation with Johnson, they saw him seated with a female passenger and neither officer observed any signs of drug use, (6) Johnson was cooperative with Officer Yates and answered his questions, and (7) beyond the aforementioned hunch, the officers were aware of nothing that constituted a reasonable, articulable suspicion of potential criminal activity.

With that, the Court of Appeals held that the trial court did not err in granting
Johnson’s motion to suppress evidence of the subsequently discovered firearm.

My opinion? Good decision. Please read my Legal Guide titled Search and Seizure and contact my office if you a friend or family member are arrested for a crime and believe a questionable search or seizure happened. Hiring an experienced defense attorney is the first and best step toward justice.

Bellingham’s Most Dangerous Intersections

Bellingham Defense Attorney, Driving While License Suspended/Revoked, Driving With Wheels Off Roadway, Drowsy Driving, Drug Offenses, Drug Recognition Expert, DUI, Eluding, law enforcement, Physical Control DUI, police, Pretext, Reckless Driving, Skagit County Criminal Defense, Studies, Traffic Infractions, Whatcom County Criminal Defense, , , , ,

Informative article by David Rasbach of the Bellingham Herald reports on statistics provided by the Bellingham Police Department Traffic Division showing Bellingham’s most dangerous intersection.

Apparently, at least in terms of the sheer number of accidents, West Bakerview Road and Northwest Drive reigns as the most dangerous intersection in the city.

In a distracted driving study conducted by its traffic division from January 2016 through June 2017, Bellingham Police received 1,350 reports of accidents within city limits, regardless of severity or injury. Of those, 43 accidents occurred at the intersection of Bakerview and Northwest — the highest total of any intersection in town.

Rasbach also reports that three of the top four most dangerous intersections during the 18-month study were in that same corridor: West Bakerview Road and Eliza Avenuehad the third highest accident total with 22 wrecks, while West Bakerview Road and Cordata Parkway was fourth highest with 18.

The only intersection breaking up Bakerview’s stranglehold on the top of Bellingham’s dangerous intersections list — Lakeway Drive and Lincoln Street, which had 25 reported accidents — is very similar, with two busy shopping centers and a school occupying three of the four corners. Nearby Lakeway Drive and King Street tied for sixth-most dangerous with Woburn Street and Barkley Boulevard with 14 reported accidents, each.

Also, the lone roundabout at Cordata Parkway and West Kellogg Road had 16 accidents reported.

Please contact my office if you, a family member or friend are criminally charged for traffic-related incidents. Unfortunately, it’s very easy to be charged with DUI, Reckless Driving, Negligent Driving, Driving While License Suspended, Eluding and/or numerous traffic citations. Bellingham’s dangerous intersections only exacerbate the situation and make it more likely that an unlawful pretextual pullover will happen.

Most of all, drive safe!

Increase of Uninsured Drivers in WA State

Bellingham Defense Attorney, Driving While License Suspended/Revoked, Legislation, Search and Seizure, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , , , ,

Informative article by Rolf Boone of The Olympian discusses how the number of uninsured motorists in Washington state increased to 17.4 percent between 2012 and 2015, according to the Northwest Insurance Council, which cited a report by the Insurance Research Council.

Washington state is now seventh highest in the country for uninsured drivers.

“It is concerning that in our region’s thriving economy, with more vehicles than ever on our roadways, that a growing percentage of drivers are uninsured, breaking the law and imposing higher costs on insured drivers,” said Kenton Brine, Northwest Insurance Council President in a statement.

The five states with the highest number of uninsured motorists:

-Florida, 26.7 percent.

-Mississippi, 23.7 percent.

-New Mexico, 20.8 percent.

-Michigan, 20.3 percent.

-Tennessee, 20 percent.

Under RCW 46.30.020, it is a civil infraction to drive without insurance. The legislative intent of this law says, “It is a privilege granted by the state to operate a motor vehicle upon the highways of this state. The legislature recognizes the threat that uninsured drivers are to the people of the state.”

Driving without insurance can be potentially damaging. Along with facing civil penalties, police officers may find some excuse to search your vehicle and/or investigate you for DUI, Driving While License Suspended, etc.

Please contact my office if you, a friend or family member face these or any other charges relating to driving. You may need competent defense counsel to get these charges reduced or dismissed.

Excessive Force?

42 U.S.C. § 1983, 9th Circuit Court of Appeals, Bellingham Defense Attorney, Constitutional Rights, Driving While License Suspended/Revoked, felony, Firearm, Fourth Amendment, law enforcement, police, Police Misconduct, Qualified Immunity, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , , , ,

Image result for gun at head

In Thompson v. Copeland, the Ninth Circuit Court of Appeals held that a police officer uses excessive force when he points a gun at a suspect’s head and threatens to kill the suspect after the suspect, who was arrested for a felony, has already been searched, is calm and compliant, and is being watched over by a second armed deputy.

BACKGROUND FACTS

In December, 2011, Pete Copeland, a deputy in the King County Sheriff’s Office (“KCSO”), was on patrol in the City of Burien, Washington. After watching Lawrence Thompson commit “multiple traffic violations,” Copeland pulled him over. Thompson apologized to Copeland but failed to provide a driver’s license, although he did offer up some mail addressed in his name.

When Copeland ran Thompson’s identifying information, he discovered that Thompson had a suspended license for an unpaid ticket, that Thompson was a convicted felon, and that his most recent felony conviction was for possessing a firearm. Copeland decided to arrest Thompson for driving with a suspended license, and to impound Thompson’s car, as required by a City of Burien ordinance.

Copeland had Thompson exit the vehicle and patted him down for weapons. Finding none, Copeland radioed for backup, and had Thompson sit on the bumper of Copeland’s patrol car. Copeland then conducted an inventory search of Thompson’s vehicle. During his search, Copeland saw a loaded revolver sitting in an open garbage bag on the rear passenger-side floorboard. After seeing the gun, Copeland decided to arrest Thompson for Unlawful Possession of a Firearm.

Thompson continued to sit on the bumper of Copeland’s police cruiser, watched over by another deputy who had arrived for backup on the scene. Thompson was about 10–15 feet from the gun in the backseat of his car, and was not handcuffed. Copeland signaled to the deputy watching over Thompson, then drew his gun.

What happened next is disputed by the parties. Copeland claims he unholstered his firearm and assumed a low-ready position, with his gun clearly displayed but not pointed directly at Thompson. By contrast, Thompson claims that Copeland pointed his gun at Thompson’s head, demanded Thompson surrender, and threatened to kill him if he did not.

Copeland directed Thompson to get on the ground, facedown, so that he could be handcuffed. Thompson complied and was cuffed without incident. Copeland arrested Thompson for being a felon in possession of a firearm. The State of Washington charged Thompson with Unlawful Possession of a Firearm. However, the charges were dismissed after determining that the evidence against Thompson had been gathered in violation of the Washington State Constitution.

Thompson sued Officer Copeland and King County under 42 U.S.C. § 1983, alleging violations of his Fourth Amendment rights. Specifically, Thompson alleged that Officer Copeland used excessive force in pointing his gun at Thompson and threatening to kill him.

In recommending dismissal of this claim, the federal Magistrate Judge  found that the degree of force used on Thompson was reasonable given that Officer Copeland was conducting a felony arrest of a suspect who was not secured, who was in relatively close proximity to a weapon, who was taller and heavier than him, and who had a prior felony conviction for unlawfully possessing a firearm. The Magistrate Judge concluded that Officer Copeland’s minimal use-of-force in effectuating Thompson’s arrest was objectively reasonable, and did not violate Thompson’s Fourth Amendment rights.

The Magistrate Judge also granted Copeland’s motion to dismiss under summary judgment on the basis of qualified immunity. Later, The federal district court adopted the Magistrate Judge’s Report and Recommendation, and dismissed Thompson’s claims with prejudice. Thompson appealed.

ISSUE

In the course of a felony arrest, may a police officer point a loaded gun at an unarmed suspect’s head, where that suspect had already been searched, was calm and compliant, was watched over by a second armed deputy, and was seated on the bumper of a police cruiser 10–15 feet away from a gun found in the suspect’s car? And if not, was the police officer entitled to qualified immunity from future lawsuits for police misconduct?

COURT’S ANALYSIS & CONCLUSIONS

The Ninth Circuit held that pointing a loaded gun at the suspect’s head in these circumstances constitutes excessive force under the Fourth Amendment, but that the officers here are entitled to qualified immunity because the law was not clearly established at the time of the traffic stop.

“Our analysis involves two distinct steps,” said the Court of Appeals. “Police officers are not entitled to qualified immunity if (1) the facts taken in the light most favorable to the party asserting the injury show that the officers’ conduct violated a constitutional right, and (2) the right was clearly established at the time of the alleged violation.”

  1. Violation of a Constitutional Right.

The Court reasoned that Officer Copeland’s use of force in arresting Thompson was not objectively reasonable. Officer Copeland pointed the gun at Thompson’s head and threatened to kill him if he did not surrender. This type and amount of force can hardly be characterized as minor, reasoned the Court. Furthermore, Thompson had no weapon and had already been searched. He was sitting on the bumper of a squad car, watched over by an armed deputy. He was not actively resisting arrest or attempting to evade arrest by
flight.

“Reviewing the totality of the circumstances, the force used against Thompson was excessive when balanced against the government’s need for such force. In the end, pointing guns at persons who are compliant and present no danger is a constitutional violation.”

         2. No Clearly Established Right.

Here, the Court reasoned that although the use of excessive force violated Thompson’s constitutional rights, Officer Copeland is entitled to qualified immunity because Thompson’s right not to have a gun pointed at him under the circumstances here was not clearly established at the time the events took place.

“Looking to the particular setup here, we cannot say that every reasonable officer in Copeland’s position would have known that he was violating the constitution by pointing a gun at Thompson,” said the Court of Appeals. “Thompson’s nighttime, felony arrest arising from an automobile stop, in which a gun was found, coupled with a fluid, dangerous situation, distinguishes this case from our earlier precedent.”

The Court reasoned that, more specifically, Copeland was conducting a felony arrest at night of a suspect who was not handcuffed, stood six feet tall and weighed two hundred and sixty-five pounds, was taller and heavier than Copeland, and had a prior felony conviction for unlawfully possessing a firearm. “Although Thompson was cooperative, the situation was still critical in terms of potential danger to the officers, especially given that a loaded gun was only 10–15 feet away,” said the Court. “Copeland did not violate a “clearly established” right as that concept has been elucidated by the Supreme Court in the excessive force context.”

The Court of Appeals concluded that because the law was not clearly established within the parameters dictated by the Supreme Court, Officer Copeland was entitled to qualified immunity. Therefore, the lower district court’s grant of summary judgment was AFFIRMED.

   3. Dissenting Opinion.

My opinion? Respectfully, I disagree with the Court of Appeals’ majority decision and agree with Justice Christen’s dissenting opinion.

“This decision squarely conflicts with the clear directive our court issued in Robinson v. Solano County, a case involving facts that, if distinguishable at all, posed a greater threat to officer safety,” said Justice Christen. Ultimately, she reasoned that Robinson recognized the critical distinction between pointing a gun at someone’s head and holding it in the “low ready” position.

“Deputy Copeland was justified in displaying some degree of force, but accepting the allegations in the complaint as true, he unquestionably used excessive force when he aimed his gun at Thompson’s head and threatened that if Thompson moved, he’d be dead.,” said Justice Christen. “Because that rule was clearly established long before Thompson was arrested, I respectfully dissent.”

Please contact my office if you, a friend or family member believe police used excessive force in any given situation. Police officers have difficult tasks. In recent years, however, the use of force by police officers making traffic stops has flared into a national debate of renewed importance. It’s imperative to seek legal counsel with knowledge and competence in this debate, and who may recover damages from the police officer’s liability.

Driving With Wheels Off the Roadway

Bellingham Defense Attorney, Driving While License Suspended/Revoked, Driving With Wheels Off Roadway, misdemeanor, police, Rule of Lenity, Skagit County Criminal Defense, Traffic Infractions, Washington Court of Appeals, Washington State Patrol, Whatcom County Criminal Defense, , , , ,

Image result for ON RAMP

In State v. Brooks, the WA Court of Appeals held that the neutral area separating a highway on-ramp from an adjacent lane of travel does not meet the definition of “roadway.” A driver who crosses this area is properly stopped for a violation of Driving with Wheels Off Roadway under RCW 46.61.670.

BACKGROUND FACTS

While merging onto westbound U.S. Route 97 from U.S. Route 2 in Chelan County, Jena Brooks’s car crossed over a portion of the highway designated as a “neutral area.” A neutral area is a paved triangular space separating an entrance or exit ramp from an adjacent lane of highway. The neutral area between Route 97 and its merger with westbound Route 2 is marked on each side by thick white channelizing lines. The drawing below is a depiction of a neutral area similar to the one crossed by Ms. Brooks:

Image result for ON RAMP NEUTRAL AREA

A Washington State Patrol trooper observed Ms. Brooks’s vehicular activity and performed a traffic stop. Ms. Brooks was ultimately arrested for driving on a suspended license and other misdemeanor offenses.

During proceedings in district court, Ms. Brooks filed a motion to suppress, arguing her vehicle had been stopped without probable cause. The motion was denied. Pertinent to this appeal, the district court ruled Ms. Brooks’s merger over the highway’s neutral area constituted “driving with wheels off roadway,” in violation of RCW 46.61.670. 2

Ms. Brooks was subsequently convicted of several misdemeanor offenses after a jury trial. Later, she successfully appealed the suppression ruling to the superior court. It found Washington’s definition of a roadway ambiguous in the context of a highway’s neutral area. The superior court then invoked the rule of lenity and determined Ms. Brooks should not have been stopped for driving with wheels off the roadway in violation of RCW 46.61.670.

ISSUES

The Court of Appeals addressed (1) whether the term roadway is ambiguous in the current context, and (2) if the term is ambiguous, whether the rule of lenity is an available tool of statutory construction that might benefit a defendant such as Ms. Brooks.

ANALYSIS & CONCLUSIONS

“A highway’s neutral area is not a vehicle lane. It is too short to facilitate meaningful travel. And its triangular shape cannot consistently accommodate the size of a vehicle. Rather than being designed for vehicular travel, it is apparent the neutral area is designed as a buffer zone. It keeps vehicles separate so as to facilitate speed adjustment and, in the context of a highway on-ramp, safe vehicle merging.”

The Court further reasoned that National standards set by the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) confirmed its observations about the apparent design purpose of a highway’s neutral area. In short, the Court reasoned the MUTCD refers to the neutral area as an “island.” As such, it is an area intended for vehicle “separation.”

“Although a neutral area may be designated either by a wide or double solid white channelizing line, the two options carry no substantive significance” said the Court of Appeals. “Like a double white line, a solid white line can serve as an indicator that crossing is prohibited. The whole point of a neutral area is to exclude vehicles and promote orderly and efficient traffic flow,” said the Court of Appeals.

The Court concluded that Ms. Brooks failed to maintain her vehicle wheels on an area of the highway meeting the statutory definition of a roadway. A vehicle stop was therefore permitted under Washington’s wheels off roadway statute. Consequently, the superior court’s order on appeal from the district court is reversed.

Surprisingly, there’s quite a bit of caselaw on what constitutes “Driving With Wheels Off the Roadway.” Please contact my office if you, a friend or family member face criminal charges following after a police officer pullover where this citation led to arrest. It’s quite possible to suppress the fruits of a search based on unlawful stop, search and/or seizure.

DWLS-III Decriminalized?

ACLU, Bellingham Defense Attorney, Driving While License Suspended/Revoked, Legislation, Race & Law, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Image result for driving while license suspended

Excellent article by Seattle Times staff reporter discusses how a birpartisan group of lawmakers is continuing to push for change in a law that legislators, civil-rights groups and others say disproportionately burdens the poor and communities of color.

Senate Bill 6189, which is sponsored by Sen. Joe Fain, R-Auburn, would decriminalize the charge of third-degree driving with a suspended license (DWLS-III), a misdemeanor. Under current state law, those caught driving with a suspended license due to unpaid traffic tickets or because they didn’t show up for court hearings can be jailed.

The bill has been referred to the Senate’s Law and Justice Committee but not yet scheduled for a hearing. Sen. Jamie Pederson, D-Seattle, who chairs the committee, said he agreed the issue is important, but with a short legislative session and many bills to review, he was hesitant to say if he will schedule a hearing on a proposal that in the past hasn’t been successful.

According to a 2017 report by the American Civil Liberties Union of Washington, Driving While License Suspended Third Degree is the state’s most commonly charged crime. SB 6189 would remove its misdemeanor status and make the charge a traffic infraction with a $250 penalty. The penalty would be reduced to $50 if a defendant could show he or she got the license reinstated.

 Pacheco reports that since 1994, prosecutors in Washington state have filed some 1.4 million charges and obtained 860,000 convictions, according to the ACLU report. Native Americans were twice as likely as whites to be charged with the crime of third-degree driving while license suspended (DWLS-III), and blacks were three times as likely.

According to Pacheco, unpaid traffic infractions can pile up quickly, with some people accumulating thousands of dollars in fines that must be paid off to reinstate their license, said Rick Eichstaedt, executive director of the Center for Justice, which operates a program in Spokane that helps people reinstate a suspended license.

The Washington Association of Sheriffs and Police Chiefs has opposed previous efforts to decriminalize DWLS-III, but Executive Director Steve Strachan said the organization recognizes the financial burden the law has caused. The association wants to work with legislators to find a balanced solution to DWLS-III where accountability still exists and abuse of the system is discouraged, Strachan said.

Fain, the Auburn lawmaker, previously worked in the King County Prosecuting Attorney’s Office and said he witnessed a deluge of DWLS-III cases that made it difficult to focus on more important cases, such as drunken driving.

In 2009, in conjunction with King County District Court, the prosecutor’s office stopped charging stand-alone DWLS-III cases, but Fain said prosecutors still spent a lot of time handling such cases tied to other crimes.

“I want to spend more of my time on things that will actually improve public safety,” Fain said. “I think individuals, especially lower-income people, living paycheck to paycheck need to be able to go to work and pay their fines,” Fain said, “so you want to make sure you’re not inhibiting a person’s ability to comply with the law.”

Pacheco correctly states that DWLS-III charges are the least serious of the DWLS charges. First- and second-degree driving with a suspended license are charges aimed at habitual offenders and those who lost their licenses due to drunken-driving or reckless-driving convictions.

Co-sponsor Sen. David Frockt, D-Seattle, said fines and the possibility of jail time under the current law effectively criminalize poverty and hurt communities of color.

“Putting people into this cycle where people get fined and they can’t pay and get further fined,” said Frockt, “there’s other alternatives.”

Pacheco says that if a measure is passed, Washington would join a handful of states that have decriminalized driving with a suspended license, including Oregon, Wisconsin and Maine, according to the National Conference of State Legislatures.

In 1993, Senate Bill 1741 made driving with a suspended license due to unpaid traffic infractions a misdemeanor.

My opinion? I hope the legislature decriminalizes DWLS-III. These charges essentially hook people into the criminal justice system for failing to pay traffic fines.  The charges also expose people to a search incident to arrest with the very real possibility of police finding illegal contraband which may lead to heavier charges. Also, a DWLS-III conviction makes it difficult for people to get to work and further holds back those working their way toward paying off fines and avoiding more fines or jail time.  Please contact my office if you, a friend or family member is charged with DWLS III.