Category Archives: Reckless Driving

Thanksgiving DUI Patrols

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Hosting Thanksgiving? Grocery bill could have you counting your pennies | WNCT

Thanksgiving Weekend DUI Patrols

The Washington State Patrol (WSP)  issued a press release stating that DUI emphasis patrols are now happening in Pullman as WSU students travel this Thanksgiving holiday.

According to the press release, troopers in Spokane, Whitman, Adams, Grant and Kittitas counties will be focusing on speeding to include driving too fast for conditions, distracted/impaired driving and other collision-causing violations during the emphasis. Motorists traveling to and from WSU will see an increased WSP presence on State Routes 26 & 195 as well as Interstate 90 over Snoqualmie Pass.

“We encourage travelers to pay close attention to posted speed limits and to be prepared for changing road and weather/winter driving conditions,” said the press release. “You can find current road and weather conditions on all state highways by going to the website or mobile apps provided by the Washington State Department of Transportation (WSDOT).”

Thanksgiving Day Holiday Period Estimate for 2021

According to the National Safety Council (NSC), 515 people may die on U.S. roads this Thanksgiving holiday period. If this estimate holds true, Thanksgiving 2021 will experience the most deaths since 2007. Holidays are traditionally a time of travel for families across the United States. Many choose car travel, which has the highest fatality rate of any major form of transportation based on fatalities per passenger mile. Holidays are also often cause for celebrations involving alcohol consumption, a major contributing factor to motor-vehicle crashes. Because of the unprecedented impact COVID-19 is having on social activities, the uncertainty of this year’s estimate is increased. 

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.

No More Traffic Heroes

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Traffic Q&A: What happens if I report an HOV violator? | Tacoma News Tribune

According to Kiro 7 News, after 37 years, the “764-HERO” program used to report carpool lane violators will end on Sept. 22.

The Washington State Department of Transportation began the program in 1984 to educate high-occupancy lane violators about the purpose, rules and benefits of the freeway lanes. The goal was to encourage travelers to call 1-877-764-HERO to help enforce HOV lane rules in King, Pierce and Snohomish counties. It was expanded in 2010 to include Washington State Ferries waiting lanes.

After receiving reports from the phone number, WSDOT mails first-time violators educational materials. Second-time HOV lane violators are sent a letter from WSDOT, and third-time violators are sent a letter from the Washington State Patrol.

According to Kiro 7 News, the program is ended because most drivers are familiar with how HOV lanes and ferry lines work. The Washington State Patrol will continue to issue violations.

Over the next few months, crews will begin removing the “764-HERO” signs across King, Pierce, and Snohomish counties. The signs will be gradually replaced with signs showing the fine for improperly using HOV lanes. Violators could be fined $186 for the first offense. Repeat offenders face up to $536. Increased fines also apply to motorists who have a mannequin, doll or dummy.

My opinion? An HOV ticket may not seem serious. The fine is usually fairly small and you may just be tempted to pay the infraction. However, HOV tickets are moving violations. Your insurance company could raise your rates as a result.

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

WA: Bad State to Drive

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New Jersey - We Live In The 8th Worst State To Drive In

Apparently, Washington is one of the nation’s worst states to drive in, according to a new study released Tuesday.

The study, by personal finance website WalletHub, found that Washington ranks as the third-worst state for drivers, thanks mainly to steep gas prices, high rates of car theft, poor overall road quality, traffic congestion and other factors.

The only states with a worse rating than Washington are California and Hawaii, the report found. The best state for drivers is Texas, followed by Indiana at No. 2 and North Carolina at No. 3, according to the analysis.

The study arrived at the rankings by comparing all 50 states across 31 key metrics, such as traffic congestion, gas prices, auto maintenance costs, car theft rate and number of days with precipitation.

Specifically, the analysis found that Washington has the third-highest gas prices in the nation, the eighth-worst roads and ninth-highest car theft rate.

The only categories in which Washington was rated above average were its overall safety ranking, the number of car dealerships per capita and the number of auto repair shops per capita. The study also found that traffic congestion costs U.S. drivers $88 billion per year and wastes 99 hours of their time.

It’s also heartening to officials with Washington State Patrol and the Washington Traffic Safety Commission, which are among the agencies working toward Target Zero, a statewide effort to eliminate all fatal and serious injury traffic incidents by 2030. Critics of strict enforcement of speed limits charge that the link between speed and safety is exaggerated because of biases embedded in data collection and inaccuracies found in some police reporting on accidents.

Please contact my office if you, a friend or family member are charged with a driving-related crime like Distracted Driving, Reckless Driving, Vehicular Assault, DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Memorial Day DUI Patrols

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The WA State Patrol (WSP) issued a press release that troopers will be out in full force to ensure motorists have a safe Memorial Day weekend. Extra troopers will be on duty to strictly enforce the “Rules of the Road” and will pay particular attention to dangerous speed, distracted driving, seat belt usage and impaired driving violations.

According to its press release, the WSP has seen a sharp increase statewide in motorcycle fatality collisions over the last few months. In 2020, 12 of the 17 motorcycle fatalities on Washington roads occurred during the month of April. Speeding was a common factor in these almost always preventable collisions. Impaired driving continues to be one of the leading causes of serious injury and fatal crashes in Washington State.

“We will have zero tolerance for drivers who are stopped and are impaired . . . Our troopers will continue to do what it takes to remove these dangerous drivers from our roads.” ~Captain Jeff Otis, WSP District 4 Commander

Also, the WSP encourages motorists who see these types of dangerous driving behaviors to call 911.

Please contact my office if you, a friend or family member face criminal charges like DUI, Reckless Driving, Vehicular Assault or any other crimes involving vehicles. Hiring an experienced attorney is the first and best step towards justice.

Study Shows BMW Drivers Are More Rude & Obnoxious

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Image result for bmw

Apparently, the drivers of certain luxury cars that cut you off really do suck. A new study in the Journal of International Psychology finds that many owners of high-status luxury cars shows this indisputable fact.

“The answers were unambiguous: self-centered men who are argumentative, stubborn, disagreeable and unempathetic are much more likely to own a high-status car such as an Audi, BMW or Mercedes.”  ~researchers in a press release.

The study surveyed 1,892 Finnish car owners and also analyzed their personality types, an idea inspired by lead researcher Jan-Erik Lönnqvist’s observation that the drivers “most likely to run a red light, not give way to pedestrians and generally drive recklessly and too fast were often the ones driving fast German cars” such as BMWs, Mercedes, and Audis. He knew that previous studies found luxury car drivers more likely to ignore traffic rules and drive “unethically,” but it was unclear why: Was wealth corrupting their behavior?

Lönnqvist, a professor of social psychology at the University of Helsinki, instead asked what types of people own these cars. Sure enough, he found that less cooperative, less kind, and less considerate men often drive high-status cars. “The same traits also explain why such people break traffic regulations more frequently than others,” says Lönnqvist.

He found no connection between female self-centeredness and luxury cars.

Interestingly, the study also found that conscientious men and women—people who are organized, ambitious, respectable, and often high-performing—are also frequent owners of high-status cars, which Lönnqvist says likely reflects an appreciation for quality and an urge to present a self-image of classy reliability.

Please contact my office if you are charged with Reckless Driving, Reckless Endangerment, Vehicular Assault or any other crime involving motor vehicles. Hiring a competent, experienced attorney is the first and best step toward getting justice.

Exigent Circumstances Support Warrantless Blood Draw

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Image result for Exigent Circumstances Support Warrantless Blood Draw

In State v. Anderson, the WA Court of Appeals held that exigent circumstances supported a warrantless blood draw at the scene from a driver arrested for vehicular homicide and vehicular assault.

BACKGROUND FACTS

In October 2014, Anderson was living with his high school friend, Mr. Powers. Powers would occasionally let Anderson drive his car. The evening of October 24, 2014, Anderson drank at home and then went to a bar to watch a hockey game. About 12:30 am., Powers heard Anderson’s voice and then heard his car start. Anderson took Powers’s car without his permission.

Around 2:00 a.m., Sergeant Jamie Douglas responded to a multivictim car crash in Auburn. At the scene, Douglas saw an “obliterated” car off the roadway, a path of debris, an uprooted tree with an 18-inch base, uprooted utility boxes, and guy wires that had been supporting a telephone pole torn out of the ground. The speed limit on the road was 35 m.p.h. but, based on the scene, Douglas estimated the car was traveling close to 100 mph.

Deputy Jace Hoch had observed the car earlier traveling at about 90 mph. but could not catch it. He asked dispatch to let the Auburn Police Department know that the car was heading toward Auburn. Four of the five passengers in the car died.

Multiple individuals who responded to the scene smelled alcohol on Anderson. Anderson told paramedic Paul Nordenger that he had had “a few drinks.” Nordenger drew Anderson’s blood at the scene without a warrant. Test results showed that his blood alcohol content (BAC) was 0.19 grams of alcohol per 100 milliliters of blood and that he had 2.0 nanograms of THC (tetrahydrocannabinol) per milliliter. Anderson was taken to Harborview Medical Center. Toxicologist Asa Louis testified that a second blood draw taken there showed a BAC of 0.18.

The State charged Anderson with four counts of vehicular homicide, one count of vehicular assault, one count of reckless driving, and an a sentencing aggravator for injury to the victim substantially exceeding the level of bodily harm necessary to satisfy the elements of vehicular assault. A jury convicted Anderson as charged.

Among other issues, Anderson claimed that exigent circumstances did not exist for officers to conduct a warrantless blood draw at the scene.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals reasoned that as a general rule, warrantless searches and seizures are per se unreasonable, in violation of the Fourth Amendment and article I, section 7 of the Washington State Constitution. A blood test is a search and seizure. A recognized exception to the warrant requirement allows a warrantless search or seizure when exigent circumstances exist.

“A court examines the totality of the circumstances to determine whether they exist,” said the Court. “They exist where the delay necessary to obtain a warrant is not practical because the delay would permit the destruction of evidence.” Furthermore, the natural dissipation of alcohol in the blood may support a finding of exigency in a specific case, for example, when delay results from the warrant application process.”

Next, the Court of Appeals’ legal analysis focused on prior cases U.S. Supreme Court and WA Supreme Court cases. It observed that Missouri v. McNeely upheld the proposition that the presence of other officers weighs against the conclusion that exigent circumstances existed. Also, in State v. Inman, the WA Court of Appeals held that exigent circumstances for a blood draw existed when Mr.  Inman crashed his motorcycle on a rural road, injuring him and his passenger. In that case, Inman had facial trauma; including bleeding and abrasions on the face, and a deformed helmet. A bystander told police that Inman had been unconscious for five minutes before regaining consciousness. A paramedic administered emergency treatment. A responding officer spoke with lnman and smelled intoxicants on him. Finally, Inman admitted that he had been drinking before driving his motorcycle.

“The circumstances here are more like those in Inman,” said the Court of Appeals. “Similar to Inman, the trial court found that Anderson was in a high-impact collision resulting in serious injuries.  Here, Mr. Anderson sustained serious injuries that required treatment, multiple responders smelled alcohol on him, he told an officer at the scene that he had been drinking before driving, a paramedic told the first responding officer that the medics would be giving the driver medication and intubating him, the first responding officer knew from his experience in law enforcement and as a paramedic that this emergency treatment could impair the integrity of the blood sample, and that it would take 40 to 90 minutes to obtain a warrant for a blood draw.

“A warrant was not practical because the delay caused by obtaining a warrant would result in the destruction of evidence or postpone Anderson’s receipt of necessary medical care,” reasoned the Court of Appeals. “The totality of the circumstances establish that exigent circumstances existed to justify a warrantless blood draw.”

Please contact my office of you, a friend or family member are charged with an alcohol-related driving charge and police execute a warrantless blood draw. Retaining an experienced DUI attorney who is experienced with the legalities of blood draws is the first and best step toward obtaining justice.

Signalling Turns

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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

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A press release from the WA State Patrol says that troopers shall increase patrols in response to students and sports fans hitting the road. Thanksgiving break for Washington State University is right around the corner, as is the highly anticipated Apple Cup.

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, Distracted Driving, etc. Hiring an effective and competent defense attorney is the first and best step toward justice.

Bellingham’s Most Dangerous Intersections

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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!

Speeding / Reckless Driving

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Reckless Driving 101 - Speeding Tickets, Fines and Penalties

Interesting article by Robert Mittendorf of the Bellingham Herald discusses the increased dangers of speeding and Reckless Driving in Washington and Whatcom County.

Apparently, the WA State Patrol has aircraft and personnel dedicated to surveying and catching motorists  who drive recklessly. WA State Patrol Traffic Aircraft

According to a report from personal finance website WalletHub, Washington is first among U.S. states where speeding is automatically considered Reckless Driving, seventh in average cost increase of insurance after one speeding ticket, and tenth for minimum jail time for a first Reckless Driving offense.

Mittendorf reports that in Washington, a first-time Reckless Driving is a gross misdemeanor conviction which could result in a year in jail, a $5,000 fine and a suspended license. And according to Mittendorf, even though speeding alone is legally considered reckless driving in Washington, a police officer won’t always add reckless charge to a speeding ticket, said Trooper Heather Axtman of the Washington State Patrol.

Mittendorf also reports that CarInsurance.com says a speeding ticket could result in a 10 percent increase in insurance premiums for three to five years, depending on the company and other factors, including how long the policy holder has been a client.

Please contact my office if you, a friend or family member are charged with driving-related crimes in Skagit and Whatcom county.