Category Archives: DUI

New Year’s Eve DUI Patrols

Image result for A New Year but an old truth- There’s no safe place for impaired drivers to hide. 

The WA State Patrol (WSP) issued a press release stating WSP Troopers will be out looking for impaired drivers this week in preparation for the New Year. Patrols will be increased to include Troopers brought out to supplement regularly assigned patrols. WSP has partnered with five other states to form the Western States Traffic Safety Coalition. Washington, Oregon, California, Idaho, Nevada and Arizona are working together to save lives by removing impaired drivers from all of our roadways. The message is clear; A New Year but an old truth- There’s no safe place for impaired drivers to hide.

These extra patrols will include specially trained troopers to help identify and detect drug impaired drivers. Most WSP troopers receive additional training in drug impaired driver detection. This training, Advanced Roadside Impaired Driving Enforcement (ARIDE) is specifically focused on detecting drivers impaired by drugs. Troopers trained as Drug Recognition Experts (DRE) will also be out to assist in identifying and detecting drug impaired drivers. DREs receive training to identify what drugs a driver may be impaired by.

Please contact my office if you, a friend or family member face DUI or any other alcohol-related driving crimes. It’s imperative to hire an experienced defense attorney who is knowledgeable of DUI defense.

Holiday DUI Patrols

According to an article in the Skagit County Herald, law enforcement agencies across the state are participating in emphasis patrols that search for motorists driving under the influence of drugs and alcohol.

Drivers impaired by alcohol, marijuana and other drugs are involved in half of all traffic deaths in Washington, according to the state Traffic Safety Commission. From 2013-17, 1,268 people were killed in such crashes.

“These tragedies are completely preventable,” commission Director Darrin Grondel said in a notice of the emphasis patrols. “As a community, we can end DUI-related deaths. We are asking for help. If you are in the position to prevent someone else from driving impaired, please be bold. Offer to call them a ride or give them a safe place to sober up.”

In a recent commission survey, 81% of respondents said they would try to prevent someone from driving impaired.

The Washington State Patrol has investigated 18 fatal collisions year to date with the majority caused by impaired drivers. The Mobile Impaired Driving Unit (MIDU) will also be deployed in a central location for all law enforcement to use during this emphasis. There will be processors on board along with a phlebotomist for search warrant blood draws if necessary. This will allow for the suspected impaired drivers to be dropped off and allow law enforcement to return to patrol for additional impaired drivers.

The MIDU is a self-contained 36 foot motorhome that has been retrofitted as a mobile DUI processing center and incident command post. The MIDU is equipped with three breath testing instruments, two temporary holding cells, three computer work stations, an incident command computer terminal, a dispatcher console with wireless access to WSP dispatch centers and a microwave downlink tower for real time broadcasts from WSP aircraft. This is a full service police station on wheels.

Some States Are Suppressing BAC Results

An alcohol breath test from 1937.

Excellent article in the New York Times by Stacy Cowley and  

The Times interviewed more than 100 lawyers, scientists, executives and police officers and reviewed tens of thousands of pages of court records, corporate filings, confidential emails and contracts. Together, they reveal the depth of a nationwide problem that has attracted only sporadic attention.

Judges in Massachusetts and New Jersey have thrown out more than 30,000 breath tests in the past 12 months alone. According to the authors, the invalidated tests in Massachusetts were already used to convict drivers, state records show. This month, the state will begin informing those defendants that they can seek a new trial, and lawyers are bracing for a flood of requests. So are lawyers in New Jersey, where more than 13,000 people were found guilty based on breath tests from machines that hadn’t been properly set up. This was largely because of human errors and lax governmental oversight.

A county judge in Pennsylvania called it “extremely questionable” whether any of his state’s breath tests could withstand serious scrutiny. In response, local prosecutors stopped using them. In Florida, a panel of judges described their state’s instrument as a “magic black box” with “significant and continued anomalies.”

Even some industry veterans say the machines should not be de facto arbiters of guilt. “The tests were never meant to be used that way,” said John Fusco, who ran National Patent Analytical Systems, a maker of breath-testing devices.

Yet the tests have become all but unavoidable. Every state punishes drivers who refuse to take one when ordered by a police officer.

“The consequences of the legal system’s reliance on these tests are far-reaching,” say the authors. “People are wrongfully convicted based on dubious evidence. Hundreds were never notified that their cases were built on faulty tests. And when flaws are discovered, the solution has been to discard the results — letting potentially dangerous drivers off the hook.”

My opinion? Please contact my office if you, a friend or family member are charged with DUI charges or any other alcohol-related driving charges. The “science” behind DUI investigations is very suspect. Hand-held portable breath tests like Alco-Sensor IV, contain fuel cells that react to the alcohol in exhaled breaths and generate an electric current — the stronger the current, the higher the alcohol level. They are inexpensive and easy to maintain, but their results can be inconsistent. Older women sometimes have trouble producing enough breath to get the machines to work. Toothpaste, mouthwash and breath mints — even hand sanitizer and burping — may throw off the test results.

Summer DUI Enforcement Patrols Begin

Be ready.As the deadliest time of the year for DUI crashes nears, police department across Washington will boost DUI patrols starting August 14th.

The Washington Traffic Commission just released data showing the deadliest time of year for DUI crashes tends to be before the Labor Day weekend. So starting today, police departments around the state will begin a nearly three-week long DUI emphasis.

About 150 departments across the state will participate in patrols between Aug. 14 and Labor Day. Between 2013 and 2017, the deadliest months for DUI crashes were August and September, when 238 and 259 people died in crashes total, according to WTSC data:

“We conduct the ‘plan before you party’ campaign during the busy summer travel time because we want everyone to get home safe,” said WTSC impaired driving program manager Mark Medalen in a press release. “Planning ahead for a safe ride is especially important for the small number of Washington drivers who mix alcohol and cannabis.”

Along with extra patrols, the WTSC is placing signs in cannabis shops around the state to remind users not to drive impaired — and not to mix cannabis with alcohol. Between 2013 and 2017, about 75 percent of drivers in fatal crashes were also using alcohol or another drug, according to WTSC.

From 2013 to 2017 nearly 75 percent of cannabis-positive drivers in fatal crashes were also positive for other drugs and/or alcohol.  Poly-drug drivers are now the most common type of impaired driver involved in fatal crashes.

Responding to this trend, traffic safety officials are improving techniques used to test drivers for impairment from cannabis. For example, in King County, the Kent Police Department is participating in a Law Enforcement Phlebotomy training and certification program.  Police officers are trained to draw and test blood, avoiding a lengthy wait in the hospital where the blood is typically drawn from the suspect.

The WTSC is advising everyone in the state to make a transportation plan before consuming alcohol or drugs, whether it’s finding a designated driver or saving money for a ride-share. Otherwise, police in just about every city in Puget Sound — plus Washington State Patrol — will be out looking to arrest DUI drivers.

Please contact my office if you, a friend or family member are involved in DUI or any other alcohol-related criminal charges.

Drunk Bicycling

Image result for drunk cycling

Great article by traffic reporter Doug Dahl of the Bellingham Herald reveals that it’s legal to text while riding bike on a public road. In short, Washington’s distracted driving law applies to any person that is driving a motor vehicle on a public highway.”

“Since a bike isn’t a motor vehicle, this law, as I understand it, doesn’t apply,” says Mr. Dahl. “When it comes to texting (arguably one of the more dangerous behaviors on the road) cyclists get a pass.”

Mr. Dahl is correct. While some states do have laws against cycling while impaired, Washington is not one of those states. In City of Montesano vs. Wells, the WA Court of Appeals reversed the conviction of a man charged with DUI while riding a bicycle and held the original intent of DUI laws did not include bicycles. The Court reasoned that because bicycles do not have the force and speed of cars, a drunk bicyclist is not capable of causing the tremendous “carnage and slaughter” associated with impaired driving.

My opinion? Although it’s not a wise decision to text while cycling, police cannot stop or arrest bicyclists for this traffic offense alone. In State v. Ladson, the WA Supreme Court held that our State Constitution forbid the use of pretext as a justification for a warrantless search or seizure. Applied here, in other words, police cannot pull you over to conduct an unlawful pretext search for weapons, drugs or any other contraband if they see you merely texting while riding a bicycle.

Please contact my office if you, a friend or family member are pulled over, searched and/or arrested for texting while riding a bicycle.

Signalling Turns

Image result for left turn signal red light

In State v. Brown, the WA Court of Appeals held that a driver, who moved left from a middle lane to a dedicated left turn lane while signaling his intention to change lanes, is not required to reactive his turn signal before turning left from the reserve lane unless public safety is implicated. Therefore, evidence discovered when a driver is stopped for failing to signal a turn when public safety is not implicated must be suppressed.

BACKGROUND FACTS

On the evening of March 22, 2015, Trooper Acheson of the WA State Patrol patrolled the streets of Kennewick. At 10:15 p.m., while traveling eastbound on Clearwater Avenue, Trooper Acheson saw Mr. Brown driving a Toyota Tundra, turn right from Huntington Street onto Clearwater Avenue. During the turn, the left side tires of the Tundra, a large pickup, crossed the white dashed divider line between the two eastbound lanes by one tire width for a brief moment, after which the vehicle fully returned to its lane of travel. Brown’s diversion across the dividing line did not endanger any travel. Acheson observed Brown’s tires cross the white dashed divider line, and he continued to view Brown’s driving thereafter.

Shortly after entering Clearwater Avenue, Mr. Brown signaled his intent to change lanes, and to move to the left or inner eastbound lane, by activating his left turn signal that blinked numerous times. Brown entered the inner lane of the two lanes.

Soon, Mr. Brown approached the intersection of Clearwater Avenue and Highway 395, where the eastbound lanes widen to three lanes. The innermost of the three lanes becomes a designated left turn only lane. Brown again wished to change lanes so he could turn left. Brown signaled his intent to move left into the dedicated turn lane. Brown maneuvered his vehicle into the dedicated turn lane, at which point the left turn signal cycled-off.

Mr. Brown stopped his vehicle in the dedicated left turn lane while awaiting the light to turn green. He did not reactivate his turn signal. Trooper Acheson pulled behind Brown. No other traffic was present on eastbound Clearwater Avenue. When the light turned green, Brown turned left onto northbound Highway 395. Trooper Mason Acheson then activated his patrol vehicle’s emergency light and stopped Brown.

Trooper Acheson stopped David Brown based on Brown’s crossing the eastbound lanes’ divider line during his turn from Huntington Street onto Clearwater Avenue. He did not stop Brown based on Brown’s failure to signal his left turn onto Highway 395. After stopping Brown, Trooper Acheson investigated Brown for suspicion of driving under the influence of intoxicants (DUI). Acheson arrested Brown for DUI.

Brown filed a motion to suppress evidence garnered from the stop of his car by Trooper Acheson. The court concluded that, because Brown violated no traffic law, Trooper Acheson lacked probable cause to initiate the traffic stop. Therefore, the court suppressed all evidence gained from the stop and thereafter dismissed the prosecution.

The Prosecutor appealed the dismissal to the superior court. According to the superior court, David Brown violated RCW 46.61.305(2), which requires a continuous signal of one’s intent to turn during the last one hundred feet before turning left. Because Trooper Mason Acheson observed Brown’s failure to continuously signal before turning left onto the highway, Acheson gained reasonable suspicion of a traffic infraction. The superior court remanded the case to the district court for further proceedings.

Mr. Brown appealed.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals reasoned that RCW 46.61.305(2) declares that a driver must, “when required,” continuously signal an intention to turn or cross lanes during at least the last one hundred feet traveled before turning or moving lanes. This appeal asks if this statute compels a driver, who moved left from a middle lane to a dedicated left turn lane while signally his intention to change lanes, to reactivate his turn signal before turning left from the reserved turn lane.

“We hold that the statute only requires use of a signal in circumstances that implicate public safety. Because the circumstances surrounding David Brown’s left-hand turn from a left-turn-only lane did not jeopardize public safety, we hold that Trooper Acheson lacked grounds to stop David Brown’s vehicle.”

With that, the Court of Appeals reversed the superior court, reinstated the district court’s grant of David Brown’s motion to suppress and dismissed the charge of driving while under the influence.

My opinion? Good decision. It makes sense that unless public safety is an issue, police officers shouldn’t have probable cause or reasonable suspicion to pull over a vehicle that’s clearly in the left-turn lane even though their vehicle turn signal is not activated. Please contact my office if you, a friend or family member face criminal charges of DUI, Reckless Driving, Driving While License Suspended or other criminal traffic violations.

Increased DUI Patrols for Apple Cup & Thanksgiving

Image result for wa state patrol dui emphasis patrols

The emphasis patrols will run Thursday through Nov. 25, focusing on WSU students who are traveling for the Thanksgiving break and the Apple Cup in Pullman Nov. 23.

Troopers in Spokane, Whitman, Adams, Grant and Kittitas counties will be homing in on speeding-related infractions, including driving too fast for conditions, distracted/impaired driving, and violations that could cause a collision.

The patrol says motorists traveling to and from the WSU campus will see an increased presence on state routes 26 and 195, as well as on Interstate 90 over Snoqualmie Pass.

“Students traveling across the state should make sure to prepare their vehicles for winter travel conditions. A small emergency kit with water, food, blankets, winter clothing and emergency flares are a good idea,” states the Patrol. “Make sure all the fluids in vehicles are full and the vehicle’s battery is in good working order. Good all-season or snow tires, as well as tire chains are advised and may be required when traveling over the mountain passes.”

To check up on road and weather conditions on state highways, visit the Washington State Department of Transportation’s website at www.wsdot.wa.gov or download WSDOT’s mobile app.

My opinion? In addition to enforcing DUI emphasis patrols, troopers will also focus on distracted driving violations. Washington’s new distracted driving law, which went into effect in July, sets a fee schedule for drivers who are found to be driving while distracted. The law states drivers are not allowed to use a hand-held device while driving, stopped in traffic or at a stoplight. Violators of the law could face a $136 fine.

Please contact my office if you, a friend or family member are charged with crimes or infractions involving DUI, Reckless Driving or Distracted Driving, etc.

I’m happy to help and consultations are free.

Bellingham’s Most Dangerous Intersections

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!

Celebrate the Fourth of July Responsibly

Image result for fourth of july drugs alcohol

When celebrating holidays, many people gather with friends and family, decorating their homes and enjoying time together. However, some holiday celebrations often include consuming substances like illegal drugs and alcohol.

In 2016, Americans spent more than $1 billion on cold beverages for their Fourth of July celebrations. That amount was higher than what was spent on burgers and hotdogs, combined. According to CNBC, the Fourth of July is the country’s largest beer-drinking holiday. The popular holiday also surpassed New Year’s as the most dangerous holiday of the year, especially when it comes to traveling on the roadways. According to the Los Angeles Times, there was an average of 127 fatal car crashes each year on July 4 between 2008 and 2012. Of those who died, 41 percent of people had elevated blood alcohol levels.

So how did the day that was meant to celebrate America’s birthday become a day where people choose to drink? The Fourth of July is a federal holiday, which means that most businesses are closed and the employees of those businesses get to enjoy the day off. Jeffrey Spring, a spokesman for the Automobile Club of Southern California, told the Los Angeles Times that it’s more than just celebrating a day off of work. “They tend to try to cram a lot into these weekends and that’s where they get into trouble,” Spring said. In other words, a paid holiday is taken to new heights due to the excitement of having a free day to themselves.

Some advice? Please remember that beneath all the celebration, the Fourth of July is more than just about alcoholic drinks and setting off fireworks. In 1776, the thirteen American colonies declared themselves independent from the British Empire, thus the United States of America was born. Also known as Independence Day, the day celebrates the birth of the country. It can be commemorated in speeches presented by politicians, celebrities hosting private events, or military personnel saluting the United States at noon on the holiday by shooting off a rifle.

The Fourth of July is important to celebrate for its historical significance. This holiday is a time to remind people not only of the hard work and dedication it took to become the country that the United States is today, but to encourage people to live their lives to their fullest potential.

Don’t let the Fourth of July become a catalyst for illegal behavior.

However, please call my office if you, a friend or family member consume intoxicants this Fourth of July and later find yourselves facing criminal charges. It’s imperative to hire responsive and experienced defense counsel when contacted by law enforcement.

DUI For Left-Lane Travel

Image result for travelling left lane

In State v. Thibert, the WA Court of Appeals upheld the DUI conviction of a motorist who was pulled over for the traffic infraction of travelling in the far-left lane of the freeway.

BACKGROUND FACTS

Deputy Justin Gerry was on routine patrol one morning in July 2013 on westbound Interstate 82 in Benton County. He observed a silver Chevrolet Impala in the left lane pass a vehicle in the right lane, traveling faster than the posted 70 miles per hour speed limit. The Impala continued to travel in the left lane long after passing the vehicle in the right lane, even though no other vehicles were traveling in the unobstructed right lane. The deputy initiated a traffic stop not for the car’s speed, but for a violation of RCW 46.61.100(2), captioned “Keep right except when passing, etc.”

On approaching the vehicle, which was being driven by Mr. Thibert, Deputy Gerry smelled the odor of fresh marijuana. What looked like a smoking device was hanging from Mr. Thibert’s neck. Mr. Thibert told the deputy he was a medical marijuana patient and used the smoking device to smoke marijuana oil. Deputy Gerry noted that Mr. Thibert had difficulty finishing his sentences and that he “would sometimes stop speaking and just giggle.”

Mr. Thibert agreed to perform field sobriety tests. Based on Mr. Thibert’s performance, Deputy Gerry concluded he was under the influence of marijuana and could not safely operate a motor vehicle. He placed Mr. Thibert under arrest and transported him to the hospital for a blood draw. THC was present in Mr. Thibert’s blood at 55 nanograms. He was charged with driving a motor vehicle while under the influence of marijuana.

Mr. Thibert moved on multiple grounds to suppress evidence obtained as a result of the traffic stop and events that followed. The district court denied the motion. It found among other facts that Mr. Thibert’s “remaining in the left lane, when one could lawfully and safely return to the right lane, is an infraction and provided Deputy Gerry probable cause to stop.” The parties agreed to submit the case to the court for a determination of guilt on stipulated facts. The district court found Mr. Thibert guilty.

Mr. Thibert appealed to the Benton County Superior Court, which affirmed the judgment, dismissed the appeal, and remanded the matter to the district court for sentencing.

Afterward, Mr. Thibert appealed his case to the WA Court of Appeals on the issue of whether Mr. Thibert was stopped unlawfully because the fact that he drove in the left lane, without impeding traffic, did not establish reasonable suspicion for the stop.

COURT’S ANALYSIS & CONCLUSIONS

“At issue is whether RCW 46.61.100(2), on which Deputy Gerry relied in stopping Mr. Thibert, creates a traffic infraction,” said the Court of Appeals.

The WA Court of Appeals said that a reasonable articulable suspicion of a traffic infraction, like a reasonable articulable suspicion of criminal activity, will support a warrantless traffic stop under article I, section 7 of the Washington Constitution. Subsection (2) of RCW 46.61.100, which Mr. Williams contends addresses only the “primary use” of the left lane of a multi-lane highway, states:

“Upon all roadways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven in the right-hand lane then available for traffic, except (a) when overtaking and passing another vehicle proceeding in the same direction, (b) when traveling at a speed greater than the traffic flow, (c) when moving left to allow traffic to merge, or (d) when preparing for a left turn at an intersection, exit, or into a private road or driveway when such left turn is legally permitted.”

Plainly read, RCW 46.63.020 and 46.61.100 make it a traffic infraction to travel in the left lane in the four circumstances identified by RCW 46.61.100(2). The word “shall” in subsection (2) (“all vehicles shall be driven in the right-hand lane then available for traffic, except . . .”) “is presumptively imperative and operates to create a duty.”

Subsection (4), which he contends identifies the only infraction arising from
driving in the left lane, provides: “It is a traffic infraction to drive continuously in the left lane of a multi-lane roadway when it impedes the flow of other traffic.”

The Court further reasoned that, plainly read, RCW 46.63.020 and 46.61.100 make it a traffic infraction to travel in the left lane in the four circumstances identified by RCW 46.61.100(2). The word “shall” in subsection (2) (“all vehicles shall be driven in the right-hand lane then available for traffic, except . . .”) “is presumptively imperative and operates to create a duty.”

The Court disagreed with Mr. Thibert’s contention that if each of subsections (2) and (4) of RCW 46.61.100 identify traffic infractions, then they are irreconcilable or cancel each other out.

“The subsections are reconcilable,” said the Court. “An individual is permitted to drive in the left lane when one of the transient exceptions identified in subsection (2) applies, unless the transient exceptions arise so frequently that the individual’s continuing travel in the left lane is impeding traffic.” Also, because the conduct that was forbidden by the statute can be understood by ordinary people, the Court of Appeals rejected Mr. Thibert’s passing argument that the statute is void for vagueness.

With that, the Court of Appeals upheld Mr. Thibert’s conviction.

Please contact my office if you, a friend or family member face charges of DUI or other traffic-related charges.