Category Archives: police

Whatcom County Domestic Violence Filings Increase

Assault, Domestic Violence, felony, law enforcement, misdemeanor, police, , ,

Coronavirus: Domestic violence 'increases globally during lockdown' - BBC News

The Bellingham Herald reported that in 2012, more protection orders were filed in Whatcom County. Also, more people were booked into jail for Domestic Violence.

This information was found in the 10th Annual Report About Domestic Violence. Report highlights for 2012 included the following:

* Law enforcement reported 1,387 domestic violence offenses in Whatcom County, down slightly from 1,422 in 2011. Nearly 55 percent were assaults and 30 percent were violations of protection or no-contact orders.

* The number of domestic violence protection orders filed in Whatcom County courts went up in 2012. At 427, it was the highest since 2004.

* Domestic violence made up 20 percent of Whatcom County Jail bookings in 2012, an increase from previous years and double the 10 percent of all jail bookings in 2011.

My opinion? Domestic violence is an AWFUL dynamic to have in a relationship. The effects of domestic violence wreak havoc on relationships, reputations and families.

However, most couples are not involved in ongoing domestic violence relationships. The vast majority of these situations involve a couple who argued a little too passionately, perhaps under the influence, and police are contacted. Unfortunately, when the criminal justice system gets involved, the wheels are very hard to stop.

For example, most people are unaware that under RCW 10.99, officers MUST arrest a primary aggressor and immediately take them to jail. Additionally, most defendants MUST move out of their own homes while the case is pending. This is a substantial hardship.

And defendants who are convicted of domestic violence crimes risk being incarcerated, paying court fines and restitution, obtaining domestic violence evaluations, undergoing treatment, being monitored by probation, losing their gun rights, and obeying court orders preventing them from communicating with family members. Finally, a domestic violence conviction carries a negative stigma which may deter employment opportunities.

Take my word, these types of charges probably won’t get reduced or dismissed quickly. Most prosecutors and judges want to continue these cases out to see if people will violate no-contact orders. Indeed, many defendants end up facing more criminal charges if they accidentally or intentionally violate a no-contact order. A vindictive and/or vengeful “victim” may invite communication and persuade a defendant to violate the court’s no-contact order.

I’ve seen this happen many times. And once a victim has proof that a contact happened, they can – and most will – contact the police and pursue additional charges of Violating a No-Contact Order (NCOV). These are particularly nasty charges which are very difficult to defend against. An NCOV charge damages the defendant’s bargaining position in reducing and/or dismissing the underlying domestic violence charge that got them in trouble in the first place!

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’s New DUI Pilot Program: “Plea Tenderizing” Gains Momentum

DUI, law enforcement, misdemeanor, police, Washington State Patrol, , ,

Alcohol-monitoring devices are an effective tool, Harrisburg-area probation officials say - pennlive.com

Apparently, the legislative movement to heavily monitor defendants charged with DUI is gaining momentum.

Starting January 1, intoxicated drivers charged with their second DUI in Chelan County, Spokane County, and Thurston County may face much tougher punishment after their second offense.

The “24/7 DUI Monitoring Program” requires daily monitoring of any substance use. Defendants – who are still innocent until proven guilty, mind you – must either report to jail twice a day to give a breath test or pay more for an ankle monitor. Offenders pay $4 a day for the breath test and up to $12 a day for the ankle monitor.

“If they pass the test, they’re out the door. If they fail the test, they’re incarcerated,” explained Program Manager Bruce Bjork.

Repeat offenders are a major frustration for law enforcement officers. Many complain the current laws puts people back out on the street with lesser penalties than what they should have.

My opinion? The monitoring is another way of “plea tenderizing” defendants into pleading guilty to alcohol-related offenses. Daily monitoring is a significant inconvenience in time and money. As a result, defendants beleaguered with the time and expense of this excessive pretrial monitoring will want to plead guilty to DUI or a lesser alcohol related charge simply to stop the monitoring rather than fight the case on its merits.

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. Green: When Inventory Searches Become Overbroad

Constitutional Rights, DUI, felony, law enforcement, police, Pretrial Investigations, Privacy, Search and Seizure, Search Warrant, Theft, Washington Court of Appeals, Washington State Patrol, , ,

Vehicle Inventory Search - Daigle Law Group

In State v. Green, the WA Court of Appeals decided that evidence of Identity Theft  was not admissible when the officer obtained the evidence after searching the defendant’s car during a DUI and Hit & Run investigation.

Mr. Green was arrested for DUI after his vehicle struck a pedestrian who later died. After arrest, police searched Mr. Green’s car. They found a paper bag containing numerous receipts. After more investigating,  it was later determined the receipts were evidence of purchases using stolen credit cards. The car was later towed to a police impound lot. The officer began investigating the defendant for theft/fraud charges in addition to the Vehicular Homicide charge. However, the officer’s search warrant was only specific to the Vehicular Homicide charge.

A few days later, the officer obtained a second search warrant to search the car for evidence of fraud and identity theft. Mr. Green moved to suppress the receipts. The state argued the receipts were properly seized pursuant to an inventory search and were admissible pursuant to the independent source doctrine.

Some background is necessary. Under the 4th Amendment to the U.S Constitution and article I section 7 of the Washington Constitution, warrantless searches and seizures are unconstitutional. However one exception to the warrant requirement are Inventory Searches accompanying a lawful vehicle impound. The purpose of an inventory search is to (1) protect the vehicle owner’s property; (2) protect the police against false claims of theft by the owner, and (3) protect the police from potential danger.

The direction and scope of an inventory search must be limited to the purpose of justifying the exception. Under the Independent Source Exception, evidence obtained by unlawful governmental action is not suppressed under the exclusionary rule if the evidence was obtained pursuant to a valid search warrant or other lawful means independent of the unlawful action.

In this case, the officer did not find the receipts as part of an inventory search. Stated different, the officer looked in the paper bag but did not consider the receipts to be relevant to the inventory search. Therefore, there was no evidence that he inventoried them. The officer seized the receipts for investigatory purposes on a different matter altogether, namely, the soon-to-be-pending Identity Theft charges.

 

The Court further reasoned the receipts were not admissible under the Independent Source doctrine because the officer neither found the receipts nor had knowledge of them through an independent source.

My opinion? This was a reasonable, practical approach. In this case, it makes no sense to allow the police to conduct investigations of different crimes other than the one they are already working on, especially if they lack independent evidence to begin with.

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.

More DUI Drivers Are Testing Positive for Marijuana

Blood Test, Department of Licensing, DUI, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Privacy, Search Warrant, Terry Stop, Uncategorized, Washington State Patrol, , ,

Marijuana DUI: How Long Does Marijuana Stay in Your System | Leyba Defense Seattle

According to new data released from the Washington State Patrol, more drivers have been testing positive for marijuana since Washington legalized the drug last year.

In the first six months of 2013, 745 people tested positive for marijuana. Typically, there are about 1,000 positive pot tests on drivers in a full year. But this doesn’t necessarily mean there’s been a rash of people driving high, says patrol spokesman Bob Calkins. Well, then what’s the reason?

“We’re testing blood we didn’t test before,” he said.

In addition, the overall number of impaired-driving cases handled by the patrol doesn’t appear to have risen this year, and should be on track to hit the rough annual average of 20,000 – which could mean some people are using marijuana instead of alcohol before getting behind the wheel, Calkins said.

Read more here: http://www.bellinghamherald.com/2013/11/22/3331209/more-drivers-testing-positive.html#storylink=cpy

Last year, Washington and Colorado voters legalized the recreational use of marijuana by adults over 21. Both states have set a legal limit of 5 nanograms of active THC per milliliter of blood for drivers; anything above that is a per se violation of impaired driving laws, similar to blowing 0.08 or above on an alcohol breath test. The violation is generally a gross misdemeanor punishable by up to a year in jail — and at least one day in custody for a first offense.

Read more here: http://www.bellinghamherald.com/2013/11/22/3331209/more-drivers-testing-positive.html#storylink=cpy

Of the 745 people who tested positive for marijuana in the first half of this year, the State Patrol says a slight majority tested above the legal limit. The exact number: 420. It’s a curious coincidence, since “420” is an old slang term for marijuana.

Read more here: http://www.bellinghamherald.com/2013/11/22/3331209/more-drivers-testing-positive.html#storylink=cpy

My opinion? If they can, they will. Meaning, if the police can test your for blood for marijuana, they will. As I predicted in earlier blogs, the passage of I-502 gives police more search authority. If police think you’re high, they’ll request a blood test. If you refuse, they’ll get a warrant for your blood and/or enter a “Refusal” DUI.

The data is predictable. What I’m seeing happen, unfortunately, is the police seeking blood tests on my clients who are not smoking marijuana. Making matters worse, I’m seeing judges impose Ignition Interlock Devices as a condition of pretrial release, and before clients are convicted of ANYTHING!

There’s something wrong with that. Just saying.

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. Quaale: Mistrials Happen When Police Officers Offer Opinion Testimony

Constitutional Rights, DUI, law enforcement, misdemeanor, police, Prosecutorial Misconduct, Washington Court of Appeals, , ,

Pushback on Capitol Police chief testimony continues - Roll Call

In State v. Quaale, the WA Court of Appeals wrote an excellent opinion on the issue of whether a defendant’s right to a fair trial was violated when the Prosecutor invited objectionable testimony from the officer.

The defendant was charged with Eluding Police and DUI. At trial, the Trooper  was asked to describe the extent of his experience, explain the Horizontal Gaze Nystagmus and the procedure for testing it, and tell the jury about his administration of the test to the defendant. The prosecutor also asked, “In this case, based on the HGN test alone, did you form an opinion based on your training and experience as to whether or not the defendant’s ability to operate a motor vehicle was impaired?”

Rightfully, the defendant’s lawyer immediately objected that the Trooper was being asked to provide an opinion on the ultimate issue determining guilt. The objection was overruled. The Trooper answered, “Absolutely. There was no doubt he was impaired.”

The Court of Appeals reasoned that impermissible testimony regarding the defendant’s guilt may be reversible error because such evidence violates the defendant’s constitutional right to a jury trial, which includes independent determination of the facts by the jury. Here, and even where expert testimony is helpful to the jury, it is unnecessary for a witness to express belief that certain facts or findings lead to a conclusion of guilt. Opinion testimony should be avoided if the information can be presented in such a way that the jury can draw its own conclusions.

 My opinion? The defense attorney was very smart to object to the Officer’s opinion testimony and preserve the issue for appeal. Opinion testimony should NEVER be allowed at trial. The State’s witnesses – including officers – may only testify to their observations. They are not expert witnesses who can offer opinions.

Before trial, I routinely draft and argue motions in limine expressly requesting the judge to instruct the Prosecutor to not ask questions instructing witnesses/officers to provide opinion testimony. These motions strengthen a standing objection and help preserve legal issues for appeal when they are violated. Great opinion.

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.

The Brass Tacks: A Look at How Courts Are Automatically Imposing Ignition Interlock Devices ASAP

Department of Licensing, Drug Offenses, DUI, Ignition Interlock Device, Legislation, marijuana, misdemeanor, police, Uncategorized, Washington State Patrol, , ,

California's Ignition Interlock Law Takes Effect Jan. 1 -- Occupational Health & Safety

Recently, a client hired me to represent him on a new DUI charge. Unfortunately, this client already has a prior DUI conviction within 7 years. We met at my office. He showed me his paperwork – arraignment dates, property seizures, BAC ticket, etc. – and also showed me a document I haven’t yet seen in my years of practice.

It was a Court Order signed by the judge titled, “IGNITION INTERLOCK RULES.”

I knew I’d eventually see this document, sooner or later. Under the recent passage of RCW 46.20.740 and RCW 46.20.385 the COURTS – and NOT the DOL – shall order any person convicted of an alcohol-related violation to apply for an ignition interlock driver’s license and to have a functioning ignition interlock device installed on all motor vehicles operated by the person.

The court may also order the installation of an interlock device for a driver that is convicted of Reckless Driving or Negligent Driving within 7 years of an alcohol related driving offense. An ignition interlock may be required for Reckless Driving or Negligent Driving without a prior DUI conviction. Finally, under the law, an ignition interlock device will be required for any driver convicted of vehicular homicide while driving under the influence.

This document was proof that the Courts are diligently following the passage of these laws. It read the following, ver batim:

* The defendant shall not operate a motor vehicle unless the defendant has a valid driver’s license and insurance;

* Once the defendant has a valid driver’s license and insurance, the defendant shall only operate a motor vehicle equipped with a functioning ignition interlock breath alcohol device while on pretrial;

* The defendant shall have an ignition interlock breath alcohol device installed by a Washington State Patrol certified ignition interlock breath alcohol device vendor on any motor vehicle the defendant will operate;

* The defendant shall bear the cost of installation and maintenance of the ignition interlock breath alcohol device and show proof of installation of the ignition interlock to the court;

* Any ignition interlock breath alcohol device installed pursuant to this order shall be monitored by the installer, and a report filed with the court every sixty (60) days;

* The defendant shall not adjust, tamper with, remove, or circumvent – (1) any ignition interlock breath alcohol device, (2) the wiring of any ignition interlock breath alcohol device, or (3) the ignition system of any vehicle equipped with an ignition interlock breath alcohol device. Any violation or tampering must be reported to the court by the ignition interlock breath alcohol device vendor, and;

* The ignition interlock breath alcohol device shall have certain minimum settings.

My opinion? Although I understand the need for community safety, it appears these new requirements are unconstitutional and overbearing in some cases. The government assumes people are guilty before they even go to trial. Indeed, this particular client showed NO signs of alcohol intoxication in his police reports. Police contacted him because someone complained of his driving.

After pulling him over, the police had no proof whatsoever that he was under the influence of alcohol, and instead believed he was under the influence of drugs. It’s going to take WEEKS to get his blood test back. In the meantime, he must drive around with an Ignition Interlock Device on his vehicle. Unfair.

If you’re facing a similar situation please contact a qualified attorney. I, for one, look forward to fighting this case tooth and nail and removing the Ignition Interlock Device from my client’s vehicle!

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.

Drug Recognition Experts: The Newly Trained Weapon In Detecting Drug DUI

Blood Test, DUI, law enforcement, marijuana, misdemeanor, police, Terry Stop, Washington State Patrol, , ,

Drug-recognition experts gain importance as pot DUIs increase – San Bernardino Sun

Think you can fool the cops? Don’t even try. Nowadays, Drug-Recognition Experts – nicknamed, “DRE’s” – are law enforcement’s answer to Initiative 502 and a U.S. Supreme Court ruling that officers must have a warrant for a drug test. They are trained to identify symptoms of impairment from alcohol and a variety of drugs.

Although Initiative 502 legalized recreational marijuana use in Washington last year, drivers still face a DUI charge if they’re too high to drive. State law limits a person’s BAC levels to 5 nanograms of THC, marijuana’s active ingredient, per milliliter of whole blood.

A blood test is the quickest way to indicate whether someone has these levels.  Recently, however, the U.S. Supreme Court ruled in April that officers must have a warrant to obtain blood samples. And since most DUI stops happen late at night, when judges aren’t available, officers must determine on the scene whether the driver is intoxicated and/or impaired.

This is where the DRE come in. These are police officers who receive two weeks of training on detecting impaired drivers and analyzing their behavior for the presence of alcohol or drugs. Typically, a DRE is called to investigate major collisions, especially those involving fatalities, and any in which police officers suspect drug impairment beyond alcohol. Their observations help prosecutors in “Drug DUI” cases.

The two-week course is rigorous. It includes lectures, quizzes and comprehensive tests.  Training officers must also perform six field-sobriety tests and observe another six by their colleagues. They’ll write reports for all 12 tests, which are reviewed and signed by an observing instructor. After the course is completed, each officer must perform four evaluations in front of an instructor every two years to maintain DRE status.

Calculating the standard filed sobriety tests performed on intoxicated drivers is nothing new to the majority of police officers. Most often, an impaired driver’s eyes are the giveaway. In one part of the test – called the “Horizontal gaze Nystagmus Test” – a driver must follow a pen-sized light left and right without turning his or her head. If the driver is impaired, the eyes often have trouble tracking the light, or don’t dilate properly.

A subsequent recital of the alphabet isn’t just a memory test: It can give way to slurring the letters “L-M-N-O-P” if the speaker has been drinking or doing drugs. And most people say the letters quickly, all in one or two big exhaled breaths that can carry the telltale scents of alcohol or marijuana.

The walk-and-turn, counting backward, standing on one leg, and other tests give officers a clear picture of the person’s motor skills. The test ends with a Breathalyzer.

DREs focus on the more “subtle” signs in drivers while on patrol. They look for a wide turn, crossing the line, taking an extra second or two to realize the light is green, etc.

My opinion? Contact an attorney if you’re pulled over. Just as the DRE’s are trained to observe whether someone is high on drugs when driving, a competent attorney can analyze whether the stop was lawful, whether there was enough evidence to arrest for Drug DUI, whether the nanogram levels were active or inactive, etc. Don’t allow the State’s “experts” to convince judges and prosecutors that you were high when, in fact, you may not have been.

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.

Seafair 2013 Brought Less Arrests for Boating Under the Influence.

Blood Test, Boating Under the Influence, Drug Offenses, DUI, felony, law enforcement, marijuana, misdemeanor, police, Washington State Patrol, , ,

Washington's New Boating Under the Influence 'Implied Consent' Law

The numbers are out: 34 people were cited for boating under the influence of drugs or alcohol (BUI) during the Seafair events on Lake Washington this weekend. This shows a drop of more than 40 percent from last year’s Seafair BUI total, which was 61.

Matching the decrease, however, was the fact that Seafair’s ticket sales also decreased dramatically. Seafair officials said that since it’s an open festival, exact numbers weren’t available, but ticket sales at the log boom were down 20 percent.

Police contacted 473 boats, down 32 percent from last year’s event, and doled out 42 citations for speeding or unsafe lane changes, among other infractions. Medical assistance was called for four boaters. Of those contacted, 15 refused breath tests. Nowadays, refusing a breath test carries a fine of $2,050.

Of the 34 people charged with BUIs, four were booked and taken to jail. Others were pulled over and told to have someone come pick them up. Four search warrants were served for blood samples and one for search of a vessel resulted in a drug arrest.

RCW 79A.60.040 is Washington’s Boating Under the Influence Statute. In short, It prevents people from operating a boat while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if the person has 0.08 grams or more of alcohol. This can be proven by breath tests of a blood test. Drugs and/or the combination of drugs and alcohol may also constitute Boating Under the Influence.

Unlike DUI, Boating Under the Influence is a simple misdemeanor. It isn’t viewed as seriously as DUI, and carries less punishment as far as court fines and jail time is concerned. Still, the court may still order the defendant to pay restitution for any damages or injuries resulting from the offense. Additionally, a BUI charge/conviction can negatively impact a Skipper’s license to operate their vessel.

And it only gets worse. If someone is seriously injured at the hands of an intoxicated boat operator, that operator can be charged under RCW 79A.60.60, a Class B felony. And if someone dies as a result as a proximate cause of the operation of any vessel by an intoxicated person, that person will be charged with a Class A felony under RCW 79A.60.50. Finally, any operator of a boat who willfully fails to stop when requested or signaled to do so by a law enforcement officer is guilty of a gross misdemeanor under RCW 79A.60.080.

Hire an attorney if you find yourself charged with any of the above-referenced water related crimes. You’ll need all the help you can get. Nowadays, consuming two beers while enjoying your vessel can easily get you in trouble.

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.

Are Washington’s New Proposed DUI Laws Unconstitutional?

Blood Test, Constitutional Rights, Department of Licensing, Drug Offenses, DUI, felony, Firearm, Ignition Interlock Device, law enforcement, Legislation, marijuana, misdemeanor, police, Washington State Patrol, , ,

9 Things You Should Know If You're a Repeat DUI Offender

Gov. Jay Inslee shall sign into law a measure to increase monitoring of motorists who repeatedly drive under the influence.

Under the revised bill to be signed this morning in Tacoma, drivers charged with a second impaired driving offense would face mandatory arrest AND booking in jail AND have an interlock device installed on their vehicles within five days of being charged. The state would also begin a pilot program to conduct daily alcohol monitoring on a person convicted twice under the DUI law.

Finally, the State will give counties and cities more money to prosecute and punish DUI offenders quicker. The law, sparked by tragic accidents earlier this year, is a scaled back version of an initial plan that would have increased minimum jail times for offenders.

My opinion? More and more, we are witnessing the erosion of our rights when it comes to DUI legislation and enforcement. There are four basic legal issues when it comes to DUI: (1) whether the stop conducted by the police was lawful, (2) whether the officer had enough evidence to arrest for DUI, (3) whether the defendant was informed of the Implied Consent law, and (4) whether the defendant’s breath test was over .08 and/or whether the defendant refused the test. These four basic issues bring LOTS of sub-issues; which is the stuff of good lawyering and effective pretrial motions to suppress and/or dismiss the case.

Most people don’t know that DUI charges bring separate actions from both the Department of Licensing (DOL) and the City/State Prosecutor. The DOL will try revoking or suspending your license. Following that, they’ll order defendants to obtain an Ignition Interlock Device (IID) and an Ignition Interlock Device License (IIDL) if the defendant wants to continue driving.

To combat this, defendants are entitled to a DOL hearing if they want to stop the DOL from suspending/revoking the license. The hearing costs $375.00. A good attorney will brief the legal issues and request a hearing before the DOL’s Hearing Examiner in order to persuade the Hearing Examiner to NOT suspend/revoke the defendant’s license.

Problematically, it appears Inslee’s new DUI legislation circumvents the DOL process altogether. It appears a defendant’s car will be automatically installed with an IID 5 days after arrest. Defendants will be closely monitored while their case is pending. In all likelihood, they’ll be forced to take time out of their day to appear before their probation officer and succumb to UA and/or portable breath testing. All of these actions assume the defendant is guilty. They violate the “innocent until proven guilty” standard.

Also, the bill’s enforcement of pretrial orders for IIDs violates State v. Rose, 146 Wn.App. 439 (2008). That case held government programs which require the defendant to pay fees/costs before conviction are unconstitutional. Additionally, these provisions may violate Art. 1 Section 22 of the WA Constitution by requiring advancement of money before conviction.

Now, more than ever, it’s imperative to find a competent defense attorney to help maneuver the pitfalls of our increasing anti-DUI legislation.

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.

Whatcom DUI Patrols Nab 60 People

Bellingham, Blood Test, Department of Licensing, Drug Offenses, DUI, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Terry Stop, Washington State Patrol, , ,

5 Tips for First Time DUI Offenders - Defensive Driving

Just so we know the score . . .

Sixty people were arrested for DUI during county-wide emphasis patrols earlier this summer, according to the Whatcom County Traffic Safety Task Force.

The patrols ran from June 21 through July 7, during which time Washington State Patrol troopers, police officers from local cities and Whatcom County Sheriff’s deputies focused on catching impaired drivers.

A grant from the Washington Traffic Safety Commission helped pay for any officers on overtime for the patrols.

Let’s crunch the number: in approximately 17-18 days, the Washington State Patrol arrested 60 people for DUI. That’s about 3-4 people per night, on average. Quite a bit. On the one hand, the news is good if the police are pulling over dangerously inebriated drivers. On the other hand, pulling non-dangerous drivers over an a mere suspicion of drunk driving – and unsupported by probable cause – is illegal and intrusive.

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.