Category Archives: DUI

State v. Jones: Slight Lane Travel = Unlawful Search

Bellingham Defense Attorney, Constitutional Rights, Due Process, DUI, felony, Firearm, law enforcement, police, Search and Seizure, Washington Court of Appeals, , ,

On the Road: Changing lanes in an intersection may be legal — but it's not necessarily safe – Press Enterprise

Good case. In State v. Jones, The WA Court of Appeals decided a police officer does not have reasonable suspicion to stop a vehicle that crosses the fog line three times in a mile for violating the safe lane travel statute, RCW 46.61.140(1).

Anacortes Police Officer Jacqueline Richter saw Donald Jones driving within the city limits of Anacortes, Washington. As she followed Jones in her patrol car for about a mile, she observed Jones’s vehicle “pass over the fog line approximately an inch” three times, each time “correcting its position with a slow drift.” She stopped Jones and told him that she had stopped his vehicle “due to erratic lane travel.” There were no other vehicles on the roadway at the time. Jones agreed to perform field sobriety tests. There was no indication of intoxication.

Officer Sam King arrived to assist Richter. King saw a rifle in the backseat of Jones’s truck. Jones consented to a vehicle search “for the sole purpose of recovering the rifle.” A records check revealed that Jones did not have a valid driver’s license. In the course of their conversation, Jones told King that he had a felony conviction in Idaho for possession of a controlled substance. The State charged Jones with one count of Unlawful Possession of a Firearm in the Second Degree.

Jones moved to suppress the fruits of the vehicle search. Citing State v. Prado, Jones challenged the lawfulness of the stop. The trial court denied Jones’s motion. At trial he was found guilty. He appealed.

The Court of Appeals held that stopping Jones’s vehicle was unlawful under RCW 46.61.040(1) and State v. Prado. the trial court erred by not suppressing the evidence of the firearm. The Court of Appeals reversed the conviction and remanded the case back to the trial court.

The Court reasoned that a traffic stop is a seizure. The Fourth Amendment to the United States Constitution guaranties against unreasonable searches and seizures, and requires either a warrant or proof that the seizure qualifies under one of the few “‘jealously and carefully drawn'” exceptions to the warrant requirement.

Here, said the Court, there was no evidence of “reasonable suspicion of criminal activity” to support a stop and search of Jones’s vehicle. The State presented no evidence about Officer Richter’s training and experience in identifying impaired drivers. Officer Richter did not testify that she suspected Jones was impaired or that she stopped him for this reason. The State presented no evidence of dangerous driving or any other traffic infraction. Finally, the trial court did not find that Officer Richter stopped Jones because of a reasonable suspicion that he was DUI.

Because the State failed to justify its warrantless seizure of Jones, the trial court should have suppressed the evidence discovered because of that seizure.

My opinion? Good decision. I’m happy that the Court of Appeals is finally supporting its decision in State v. Prado. In that case, a police officer stopped a car that had crossed a lane divider line in an exit lane by approximately two tire widths for one second. The State charged the driver with driving under the influence of an intoxicant. The district court denied Prado’s motion to suppress, and Prado was convicted.  He appealed.

Ultimately, in deciding Prado the Court of Appeals held that “minor incursions over a lane line” do not, by themselves, constitute a sufficient basis for an investigatory stop. Also, “a vehicle crossing over a lane once for one second by two tire widths does not, without more, constitute a traffic violation justifying a stop by a police officer.”

Prado was an excellent decision in 2008. Unfortunately, Prado hasn’t been well-supported by other court decisions. Indeed, in my own practice, judges deciding suppression issues seem to have turned a blind eye to Prado decision. Hopefully, State v. Jones shall reinforce Prado and give it the respect it deserves.

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.

Study: Marijuana and Alcohol Doubles Odds for DUI

Bellingham Defense Attorney, Blood Test, Boating Under the Influence, Drug Offenses, Drug Recognition Expert, DUI, marijuana, Race & Law, Reckless Driving, Studies, Traffic Infractions, Whatcom County Criminal Defense, , ,

A Marijuana DUI is Tough to Prove | DUI Lawyer

Marijuana is becoming increasingly legalized in the US for medical and recreational use. A new study analyzes the simultaneous use of alcohol and marijuana. In short, simultaneous users had double the odds of drunk driving, social consequences, and harm to self and others.

The researchers analyzed data from the 2005 and 2010 National Alcohol Survey (n=8,626; 4,522 females, 4,104 males). This was a Random Digit Dial, Computer Assisted Telephone Interview survey of individuals aged 18 and older from all 50 states and DC. Blacks and Hispanics were over-sampled. The study authors assessed differences in demographics, alcohol-related social consequences, harms to self, and drunk driving across simultaneous, concurrent, and alcohol-only using groups.

“We looked at three groups of adults,” explained Meenakshi S. Subbaraman, a corresponding author for the study and associate scientist at the Alcohol Research Group, a program of the Public Health Institute. “One, those who used only alcohol in the previous 12 months; two, those who used both alcohol and cannabis but always separately, or concurrently; and three, those who used both alcohol and cannabis and usually together, or simultaneously.

According to the study, simultaneous users did not necessarily always use cannabis while they drank; the groups were based on how often they drank when using cannabis, and not vice versa.

The study authors found that, compared to adults who solely used alcohol, simultaneous users had double the odds of drunk driving, social consequences, and harms to self. Compared to concurrent users, simultaneous users had double the odds of drunk driving. Simultaneous users also had the heaviest drinking patterns in terms of quantity and frequency.

The research brought interesting conclusions. “If cannabis use becomes more prevalent as U.S. states and other countries continue to legalize it, then we need to be prepared to advise people appropriately,” cautioned Subbaraman. “If you use both substances together, your risk of drunk driving, and possibly other consequences, may be higher than if you stick to using one at a time.”

The study appears in the May 2015 online issue of the journal Alcoholism: Clinical & Experimental Research.

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.

Dehydrated Drivers As Bad On The Road As Drunk Drivers, Study Suggests

Bellingham Defense Attorney, DUI, Studies, , , ,

 

Dehydrated Driving Is Just as Dangerous as Drunk Driving | Shape

New research suggests that driving while dehydrated is equally as destructive as driving while drunk. Drivers who had consumed alcohol over the legal limit as well as drivers who were dehydrated made twice as many driving mistakes as those who were hydrated.

The Telegraph reports that not drinking enough water can cause drivers to make more mistakes, increasing their chances of a collision. The study revealed that drivers who had only had 25ml of water an hour made more than double the number of mistakes on the road than those who were hydrated – the same amount as those who have been drink driving.

Professor Ron Maughan, Emeritus Professor of Sport and Exercise Nutrition, who led the study at Loughborough University, said: “We all deplore drink driving, but we don’t usually think about the effects of other things that affect our driving skills, and one of those is not drinking and dehydration.

“There is no question that driving while incapable through drink or drugs increases the risk of accidents, but our findings highlight an unrecognised danger and suggest that drivers should be encouraged to make sure they are properly hydrated.

Dehydration can also result in impaired mental functioning, changes in mood, and reductions in concentration, alertness and short-term memory, say the researchers who carried out the first study into dehydration, driving errors and accident risk.

My opinion? Although I don’t want to minimize the impact that DUI has on its victims and society, let’s keep our information in perspective. Along with the above study, numerous other studies performed by the the National Highway Traffic Safety Institute suggest that eating, talking on a cellphone and/or texting while driving is just as distracting – if not more distracting – than driving while under the influence of intoxicants.

Now, research suggests that dehydration – being thirsty – creates the same physiological symptoms among drivers that intoxicants do.

Interesting.

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.

Didlake v. DOL: Fees for DOL Hearings Held Constitutional

Bellingham Defense Attorney, Blood Test, Boating Under the Influence, Constitutional Rights, Court Fines, Department of Licensing, Due Process, DUI, Ignition Interlock Device, law enforcement, misdemeanor, Washington Court of Appeals, , ,

Cost of a DUI

Here’s an interesting opinion on the ever-increasing financial costs of fighting DUI crimes and the Department of Licencing’s (DOL) automatic suspension of a DUI defendant’s driver’s license.

In Didlake v. Department of Licensing, the Court of Appeals held that Washington’s Implied Consent Statute, RCW 46.20.308, which requires drivers arrested for DUI to pay a $200-$375 statutory fee in order to have an administrative hearing on license suspension, does NOT violate due process because of the driving privilege is not a fundamental right and DOL waives the fee for indigent drivers.

In 2010 – 2011 police arrested James Didlake and other defendants for DUI. Washington’s Implied Consent Statute, RCW 46.20.308, requires that a driver arrested for Driving Under the Influence of an Intoxicant (DUI) pay a filing fee to obtain an administrative review hearing to prevent a driver’s license suspension or revocation. And as required by Washington’s implied consent law, the Department initiated license suspension proceedings against them. Each defendant paid a $200 fee for an administrative review hearing. After they prevailed at their hearings, the Department rescinded their license suspensions.

Didlake filed a class action lawsuit against the DOL, asking for injunctive and declaratory relief, plus a refund and damages. He alleged that the $200 statutory fee for an administrative hearing violates due process. Didlake filed a motion for class certification under CR 23. After filing its answer, the DOL filed a motion to dismiss Didlake’s lawsuit under CR 12(b)(6).

On April 5, 2013, the trial court granted the DOL’s motion to dismiss. Didlake asked the Washington Supreme Court for direct review. On March 5, 2014, the Supreme Court transferred the case to the Court of Appeals.

In rendering its decision, the Court of Appeals gave lots of background on the procedural aspects of challeging DOL license suspensions. The court reasoned that the implied consent law provides certain procedural protections to drivers. The DOL must give the driver written notice that it intends to suspend or revoke the driver’s license. The DOL must also notify the driver of the right to a hearing and specify the steps to obtain one. Within 20 days of this notice, the driver may request in writing a formal hearing before the DOL. As part of the request, the driver must pay a mandatory fee. The DOL may waive the fee, however, for drivers who are indigent.

At the hearing, the driver may have assistance of counsel, question witnesses, present evidence, and testify. The hearing officer determines if the officer had reasonable grounds to believe the driver was driving under the influence and if the driver refused to take a test or took a test that revealed a BAC of 0.08 or higher. After the hearing, the DOL “shall order that the suspension, revocation, or denial either be rescinded or sustained.”

Here, the Court reasoned that Washington courts have almost always have upheld the constitutionality of filing fees. Courts have consistently distinguished between fundamental interests and interests that are “solely monetary,” involving “economics and social welfare,” or even “important” or “substantial.” If the interest involved is fundamental, due process requires access for all. Here, the court reasoned, a fee waiver for indigent litigants accomplishes this mandate. If the interest is not fundamental, “a monetary prerequisite to an appeal is thus permissible, even for indigent appellants.

Additionally, Courts have identified the driving privilege as an “important” and “substantial” but not fundamental right. Consequently, the court reasoned, this contradicts Didlake’s assertion that the filing fee has a “chilling effect” on drivers’ exercise of their due process rights. Thus, he fails to establish a facial challenge on due process grounds. And because he paid the fee and received a hearing that complied with due process, he does not show that the fee requirement is unconstitutional as applied to him. “Whether facial or as-applied, Didlake’s due process challenges fail.”

 The Court concluded that because Didlake failed to establish that the implied consent statute’s fee requirement violates procedural due process, the Court of Appeals affirmed the trial court’s order dismissing Didlake’s class action claim.

My opinion? Speaking as a DUI attorney, DOL hearings and license suspensions are just another way for the State to profit from defendants charged with DUI. These days, a DOL hearing costs $375. Additionally, a defendant’s window of time to apply for these hearings is small – only 20 days after the DUI incident happened. Finally, DOL hearings are very difficult to win. There must be some glaring legal weakness in the case regarding (1) the pullover of the defendant’s vehicle, (2) the evidence of DUI, (3) whether the officer read the Implied Consent Warnings, and/or (4) whether the defendant tested over .08 BAC or refused the BAC machine.

Unfortunately, given the Court’s analysis above, it appears the wheels of justice shall continue to financially grind upon defendants facing license suspensions from DUI charges.

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.

WA Legislature Considers Banning “Palcohol”

Drug Offenses, Drug Recognition Expert, DUI, Legislation, Uncategorized, , ,
Palcohol

According to the Bellingham Herald, Washington is one of a growing number of states to try banning a new powdered alcohol product before it reaches liquor-store shelves.

Palcohol is a new powdered version of alcohol. Palcohol will be made in two different formulations, a Beverage Formulation and an Industrial Formulation. Like other powdered beverages, it must be first dissolved in water prior to consumption. One package weighs about an ounce. Powdered alcohol, it claims, could lighten the loads of hikers and airlines, as well as other consumers and sellers for whom the bulk and weight of booze are burdensome, such as refreshment-sellers who operate on islands.

Several Washington legislators, however, say Palcohol is a dangerously sneaky mechanism for getting drunk and have proposed legislation to ban it before it arrives. The House Committee on Commerce and Gaming unanimously endorsed amendments to turn SB 5292, a regulatory measure that passed the Senate unopposed, into a ban on powdered alcohol for all purposes except research.

“This is not a crafted bourbon, or a scotch, or a tequila or something that’s special,” said Rep. Jeff Holy, R-Cheney, at a public hearing this week. “Powdered alcohol is simply for the purpose of intoxication, period. You’re not crafting the finer liquors.”

If the bill becomes law, Washington would join at least six other states that have prohibited powdered alcohol, including the announcement this week by Maryland officials that alcohol distributors there have agreed to a voluntary ban on the substance. More than two dozen other states have introduced bills this year to ban powdered alcohol, which was first patented in 1972 by General Foods but has not seen widespread retail sales in the U.S.

My opinion? It seems inappropriate to speculate that snorting alcohol is going to become a raging epidemic. There’s no evidence. It also seems hypocritical to ban powdered alcohol without banning alcohol itself. Remember how Prohibition worked? Was that a great success?

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.

State v. Rich: No Reckless Endangerment Found in DUI Case

Bellingham Defense Attorney, Constitutional Rights, DUI, Jury Trial, law enforcement, police, Reckless Endangerment, Washington Court of Appeals, Whatcom County Criminal Defense, , ,

Reckless Endangerment for the Lord | JD Espinoza

In State v. Rich, the WA Court of Appeals ruled there is no ‘per se’ liability for Reckless Endangerment based on proof of DUI.

Here the defendant was pulled over for driving a stolen vehicle. She was arrested for DUI because she exhibited the effects of having consumed alcohol and her BAC test was over .15. She also had a 9-year-old child in the front seat. The Prosecutor charged the defendant with Possession of a Stolen Vehicle, DUI and Reckless Endangerment.

During trial, the Prosecutor argued that because Rich operated a vehicle while legally intoxicated in violation of the DUI statute, her conduct also satisfies the elements of reckless endangerment. The State also points to the following pieces of “additional evidence” that would support a finding that Rich’s conduct created a substantial risk of death or serious physical injury: (1) Rich endangered a passenger and motorists on a “major public roadway,” (2) she was heavily intoxicated, and (3) she exceeded the speed limit. The jury found Rich guilty of both Reckless Endangerment and DUI.

The case went up on appeal on the issue of whether a jury can find rich guilty on both crimes when the overwhelming evidence suggested she was only guilty of DUI.

Some background is necessary. The Reckless Endangerment statute, RCW 9A.36.050, provides as follows:

A person is guilty of reckless endangerment when he or she recklessly engages in conduct not amounting to drive-by shooting but that creates a substantial risk of death or serious physical injury to another person.

Another provision in the criminal code, RCW 9A.08.010, defines levels of culpability, including recklessness. RCW 9A.08.010 provides, in relevant part:

RECKLESSNESS. A person is reckless or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and his or her disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation.

Here, the Court reasoned that the Prosecutor offered no evidence whatsoever about the presence of other vehicles, motorists, or pedestrians, nor any evidence about the type of road or traffic conditions. Additionally, the police officer who observed Rich drive did not indicate that Rich’s manner of driving posed any danger or caused him to suspect that Rich was impaired.

And even if the jury could infer from an officer’s testimony that Rich was speeding 15 miles per hour faster than the speed limit, the deputy followed Rich because he believed the car was stolen, not because of speeding or for any reason related to the manner in which the car was being operated. This evidence would not, therefore, allow a trier of fact to conclude that Rich’s speed created a substantial risk of death or serious physical injury.

Because the State failed to prove beyond a reasonable doubt that Rich recklessly engaged in conduct that created a substantial risk of death or serious injury to another person, the Reckless Endangerment conviction must be vacated.

My opinion? Good decision. there is no “per se” liability for Reckless Endangerment based on proof of violation of the DUI statute. If the penalties for DUI are thought of as too lenient then the legislature can increase them. If there should be additional offenses tied to DUI, say DUI with a passenger, then they likewise can be implemented by the legislature through the democratic process.

However, courts should remain unwilling to impose such value judgments upon the citizens by shoehorning conduct into the somewhat broad definitions of certain criminal offenses.

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.

Ignition Devices In All New Cars ?

DUI, Forensics, Ignition Interlock Device, marijuana, Search and Seizure, , ,

There’s developing technology exploring the possibility that a fingerprint-based ignition interlock device system may someday be installed in new vehicles in the hopes of stopping impaired drivers from operating their vehicles. In other words, sobriety tests in all new cars might prevent most drunk driving deaths.

Installing devices in new cars to prevent drunk drivers from starting the engine could prevent 85 percent of alcohol-related deaths on U.S. roads, saving tens of thousands of lives and billions of dollars from injury-related costs, according to a new analysis.

“Alcohol interlocks are used very effectively in all 50 states as a component of sentencing or as a condition for having a license reinstated after DUIs, but this only works for the drunk drivers caught by police and it doesn’t catch the people who choose to drive without a license to avoid having the interlock installed,” said lead author Dr. Patrick Carter, an emergency physician with the University of Michigan Health System in Ann Arbor.

Most drunk drivers make about 80 trips under the influence before they are stopped for a DUI, Carter said. “If we decided that every new car should have an alcohol ignition interlock that’s seamless to use for the driver and doesn’t take any time or effort, we suddenly have a way to significantly reduce fatalities and injuries that doesn’t rely solely on police.”

Carter and colleagues used U.S. records of traffic accidents and fatalities to determine how many involved drunk driving and then estimated how many of these incidents could be avoided in the future by fitting new cars with alcohol-interlock devices, which detect blood-alcohol levels and prevent drivers above a certain threshold from starting the car.

Then, they estimated the numbers of deaths and injuries that could be prevented in the first year that all new cars sold had screening systems, and assumed it would take 15 years for older models to be replaced with new vehicles.

Over the 15-year implementation period, interlocks may eliminate about $343 billion in costs from fatalities and injuries related to drunk driving, the researchers estimate. Assuming the device costs $400 per vehicle and is 100 percent accurate, the interlock would pay for itself after three years by way of avoided injury costs.

Getting DADSS into all vehicles can eliminate the element of chance involved in catching drunk drivers under our current system that relies on police, said Adrian Lund, president of the Insurance Institute for Highway Safety.

Unlike the alcohol ignition interlocks which require you to blow into a devise and are used for convicted drunk drivers, DADSS is a driver assist system that would be seamless, take less than half a second, and use infrared light to measure a driver’s blood alcohol content in the breath or through the fingertips, which is believed to be far more reliable.

My opinion? Although noble, these devices may cause legal problems and litigation than they’re worth. How accurate are the devices? Are they calibrated regularly? Do they store information which can be used against a defendant accused of DUI? Would the devices also test for the presence of drugs? If so, what if the driver has a prescription for the drugs? Only time will tell . . .

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.

Marijuana / THC Breathalyzer Available Soon.

Blood Test, Boating Under the Influence, Drug Offenses, Drug Recognition Expert, DUI, marijuana, police, Search Warrant, Uncategorized, Washington State Patrol, , ,

Marijuana breathalyzer technology is here, and it's coming for drivers | fox43.com

Technology appears to be catching up.

Since Colorado and Washington legalized the recreational use of marijuana in 2014, and the growing trend to legalize pot in some capacity across the nation, there is an increased interest in addressing drugged driving.

However, today’s standardized testing marijuana intoxication is not as simple as detecting alcohol. More science and research are required. It the meantime, technology will be coming to market, such as the marijuana breathalyzer being developed by Cannabix Technologies, Inc. to give police officers an on-site tool to enhance detection of THC, the psychotropic metabolite in marijuana.

In the future, devices of this type will likely be dialed in by the forensic community and become an integral element in identifying marijuana-intoxicated drivers and in other settings, including workplaces and general consumer use, just as the alcohol breathalyzer is today.

My opinion? We saw this coming. It’s almost humorous. Typically, the law lags behind technological advances. Here, technology appears to be lagging behind the evolution of marijuana legalization! Interesting development, no? This device is another tool in the hands of law enforcement – along with Drug Recognition Experts, and search warrants for the testing of blood – for investigating DUI charges.

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.

Attorney Alexander Ransom Accepted Into National College of DUI Defense

Bellingham, Bellingham Defense Attorney, Blood Test, Boating Under the Influence, Drug Offenses, Drug Recognition Expert, DUI, Terry Stop, , ,

Orlando DUI Lawyer | National College for DUI (Drunk Driving) Defense — Orlando DUI Lawyer Elliott Wilcox

Attorney Alexander Ransom became a General Member of the National College for DUI Defense, Inc.

The National College for DUI Defense (NCDD) is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about DUI Defense Law as a specialty area of law practice. The National College is headquartered in Montgomery, Alabama. It consists of a governing Board of Regents, a Founding Membership, a Sustaining Membership and a General Membership.

College members represent the most experienced DUI defense attorneys in the country. Members are among the top DUI practitioners in the United States. The NCDD recognizes defense lawyers who have demonstrated the skill and experience of the original Founding Members, as well as the generosity to financially sustain the growth of the NCDD. General Members are the backbone of the college—capable, experienced attorneys who dedicate a portion of their practice to the defense of DUI cases throughout the country.

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.

State v. Huffman: Crossing the Centerline = DUI Arrest

Constitutional Rights, Due Process, DUI, law enforcement, misdemeanor, police, Terry Stop, Traffic Infractions, Uncategorized, Washington Court of Appeals, Washington State Patrol, , ,

Crossing A Double Yellow Line - i am traffic

Division I of the WA Court of Appeals decided that a single crossing of the centerline is sufficient to justify a traffic stop for a violation of RCW 46.61.100 Keep Right Except When Passing.

In State v. Huffman, defendant Sarah Huffman was arrested for driving under the influence of alcohol (DUI) after being pulled over for weaving in her lane, jerking back from the centerline and crossing the centerline on State Route 9. The two-mile section of the roadway is relatively straight, with a painted yellow line in the center that is at times a double solid line.

Police reports indicate the Trooper Eberle saw Huffman’s vehicle touch the centerline three times, each time immediately jerking back to the right side of the road. On the fourth occasion, the vehicle crossed the centerline by approximately one full tire width. Trooper Eberle did not recall any oncoming traffic at the time the vehicle crossed over the centerline. He stopped the vehicle and subsequently arrested the driver, appellant Sarah Huffman, for driving under the influence.

Huffman claimed the stop was unlawful because her single crossing of the centerline did not give rise to reasonable, articulable suspicion that she committed a traffic infraction under RCW 46.61.100. The district court agreed and granted her motion to suppress all evidence obtained after the stop. On appeal, the superior court reversed, concluding the stop was valid because Huffman committed a traffic infraction by crossing the centerline in violation of RCW 46.61.100.

Huffman appealed her case to Division I of the WA Court of Appeals. She argued that under State v. Prado, and its interpretation of RCW 46.61.140 Driving on Roadways Laned For Traffic, her momentary crossing of the centerline was not a traffic infraction and thus, there was no lawful basis for the stop.

Some background on RCW 46.61.140 and State v. Prado is necessary. In Prado, a law enforcement officer witnessed Mr. Tonelli-Prado’s vehicle cross an eight-inch white dividing the exit lane from the adjacent lane by two tire widths for one second. The Trooper pulled over Prado’s vehicle for violating RCW 46.61.140. This traffic statute addresses the safe changing of lanes (right or left or turn) and the use of a center lane, but does not mention a centerline. RCW 46.61.140(1) states:

Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

The trial court found that that Prado’s motion to suppress was not appropriate because the vehicle actually crossed the lane line, rather than merely touching the lane line. Upon review, however, the Superior Court found that under a totality of the circumstances argument, that a brief incursion not resulting in a “safety problem” was not sufficient grounds to pull over the vehicle. The Prosecutor appealed the ruling of the Superior Court to Division I Court of Appeals. On appeal, Division I upheld the Superior Court and ruled that a vehicle crossing over the line for one second by two tire widths on an exit lane does not justify a belief that the vehicle was operated unlawfully under RCW 46.61.140(1).

In light of this background, Division I granted Huffman’s appeal to decide whether (1) State v. Prado applies and (2) whether the “as nearly as practicable” language of RCW 46.61.140 also applies to RCW 46.61.100.

The Court decided “No,” and “No.” The plain reading of the two statutes and their different objectives leads one to believe that the “nearly as practicable” qualifying language from RCW 46.61.140(1) does NOT apply to RCW 46.61.100. “Our decision in Prado is limited to its facts which involved only a violation of RCW 46.61.140, not RCW 46.61.100. Because it is undisputed that Huffman crossed the centerline, the officer was justified in stopping her to investigate a violation of RCW 46.61.100.” Based on that, the Court of Appeals vacated and reversed the trial court’s orders suppressing all evidence and dismissing the prosecution. The Court also reinstated the charges against Huffman and remanded this matter back to the district court for trial.

My opinion? The Huffman opinion is an attempt to limit the scope and applicability of Prado’s reasoning to RCW 46.61.140. Ever since Prado was decided 7 years ago, the Prosecutors and Judges in district courts have rallied against it. Prado took too much discretionary power out of the hands of police officers who follow and pull over motorists suspected of DUI. Here, the Court of Appeals “stopped the insanity” of Prado and limit its reasoning to violations of RCW 46.61.140 only.

Unfortunately, a pendular swing in one direction often gives momentum to a pendular swing in the opposite direction. More specifically, I fear that the reasoning of Huffman might be applicable to violations of RCW 46.61.670 Driving With Wheels Off Roadway. The statute says the following:

It shall be unlawful to operate or drive any vehicle or combination of vehicles over or along any pavement or gravel or crushed rock surface on a public highway with one wheel or all of the wheels off the roadway thereof, except as permitted by RCW 46.61.428 or for the purpose of stopping off such roadway, or having stopped thereat, for proceeding back onto the pavement, gravel or crushed rock surface thereof.

Therefore – and worst-case scenario – under Huffman, a motorist who briefly/unlawfully drives on a road with one or more wheels off the roadway can be pulled over and investigated for DUI.

Is this fair?

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.