Category Archives: Traffic Infractions

State v. Rivera-Santos: Why Crossing State Lines – Intoxicated – Is Double Trouble

Constitutional Rights, Department of Licensing, Due Process, DUI, law enforcement, misdemeanor, police, Probable Cause, Reckless Driving, Search and Seizure, Search Warrant, Terry Stop, Traffic Infractions, Washington State Patrol, Washington Supreme Court, , ,

Two DUI arrests made in southern Arizona following Labor Day weekend

In State v. Rivera-Santos, the WA Supreme Court determined that the defendant, who drove under the influence of alcohol in both Washington and Oregon, could be convicted of a DUI in both states without violating his constitutional rights.

Rivera-Santos led police on a chase that started on the Washington side of I-5 and ended on the Oregon side. He was found to have a blood-alcohol content level of .17 percent (more than twice the legal limit), and convicted by an Oregon court of driving under the influence. He was also charged with a DUI in Clark County District Court, but Rivera-Santos argued that it should be dismissed under the constitutional protections against double-jeopardy (i.e. being punished twice for the same crime).

Justice Fairhurst wrote that convicting Rivera-Santos in Washington would not be double-jeopardy, as it was a separate crime.  He drove while drunk in Oregon, and was punished for that by an Oregon court. He also drove while drunk in Washington, and a Washington court could punish him for that separate crime.

My opinion?  If it looks like a duck, smells like a duck, then it must be a duck.  Said differently, this legal decision looks like double jeopardy, smells like double jeopardy, therefore it must be double jeopardy.

For those who don’t know, “Double Jeopardy” happens when defendants are prosecuted twice for the same offense.  It’s unconstitutional.  The Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.’ U.S. v. Halper, 490 U.S. 435, 440 (1989).

Here, the WA Supremes stated that Mr. Rivera-Santos committed two different crimes in two different states.  Fine, I can agree with that.  HOWEVER, I disagree with their decision that charging these crimes is not double jeopardy.  Why do I disagree?  Because these “two crimes” arose from the same facts and circumstances.

Mr. Rivera-Santos did not steal candy from a 7-11 in Oregon, cross State lines, and then steal candy from a 7-11 in Washington.  The crime of DUI is, essentially, driving while intoxicated.   Although Mr. Rivera-Santos drove across State lines while intoxicated, he was DUI only one time during that crossing.  Therefore, he should only be punished once.   Anything more is double jeopardy.

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.

Class Action Lawsuit Challenges “Camera Tickets”

Bellingham, Due Process, law enforcement, Legislation, Red Light Cameras, Terry Stop, Traffic Infractions, , ,
Rosen Law Firm in Seattle is currently researching a class action law suit against many Washington cities that operate red light and speed zone cameras in Washington.  If you have paid for a photo enforcement ticket in Washington, they may be interested in representing you and trying to get your money back.
Apparently, the firm is willing to do so at no cost to you unless they win, and then only a percentage of the amount they recover for you. If you are interested and meet the eligibility requirements of 1) having received a photo enforcement ticket; 2) in Washington; and 3) you paid the ticket, please contact the Rosen Law Firm:

My opinion?  I wish success upon this class action!  Red light camera tickets seem like an easy way for cities and counties to fill their coffers.  And it is working.  For example, the city of Balitmore shortened the yellow light on just one intersection and collected $1000’s in traffic light camera violation fines until one alert victim took them to court.   Additionally, I’ve heard complaints (hearsay, I know) that yellow lights times are SHORTENED if a camera is observing the intersection; and that the cameras actually don’t decrease people’s speed.

Good luck, RosenLaw Firm.  Give ’em Hell!   🙂

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. Garvin: WA Supremes Held “Squeeze Search” Unlawful

Constitutional Rights, Drug Offenses, felony, law enforcement, marijuana, misdemeanor, police, Privacy, Probable Cause, Search and Seizure, Terry Stop, Traffic Infractions, Washington Supreme Court, , ,

Know Your Rights: Stop-and-Frisk | ACLU of DC

In State v. Garvin, the Court held that police officers cannot “squeeze” a defendant’s pockets to determine the nature of objects in the pocket.

An officer pulled Anthony Garvin over for a traffic infraction. When he noticed a knife on the seat next to Garvin, the officer ordered Garvin out of the car and conducted a search for additional weapons. In the process he discovered a baggie of methamphetamine. At trial the officer testified, “We don’t really pat anymore. It’s more of a squeeze search.”

Garvin moved to suppress the evidence seized, and the trial court denied the motion. He was convicted of possession of a controlled substance, and Court of Appeals upheld the conviction.  The WA Supreme Court granted review.

The court reasoned that the officer was not allowed to manipulate objects within the clothing, and his “squeeze method” exceeded the scope of a valid frisk under the “stop and frisk” rule articulated in Terry v. Ohio, 392 U.S. 1 (1968).  The court added, “Without probable cause and a warrant, an officer is limited in what he can do.  He cannot arrest a suspect, he cannot conduct a broad search.”

My opinion?  Yaaaay!!

Many clients get arrested because police officers obtain evidence unlawfully.  It’s an outrage!  This case is beautiful.  I can’t wait to argue a Garvin motion in my future attempts to suppress unlawfully obtained evidence.   🙂

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: Drug, Driving Charges Sap Nation’s Courts

Court Fines, Department of Licensing, Drug Offenses, Due Process, DUI, law enforcement, marijuana, misdemeanor, police, Probable Cause, Reckless Driving, Search and Seizure, Studies, Terry Stop, Traffic Infractions, , ,

Stop jailing those accused of low-level, non violent crimes before trial | TheHill

According to a Seattle Times article, low-level drug and driving charges are a financial burden for misdemeanor courts.

My opinion?  As a former public defender (and proud of it), I was dismayed when defendants were prosecuted and jailed on Driving While License Suspended charges.  Indeed, defending these kinds of cases exposed me to some ugly truths about the criminal justice system.

Here’s a typical situation: “Speeder” gets pulled over for speeding.  Speeder can’t afford to pay the ticket.  They miss their court date.  Court gives them a “Failure to Appear” for missing said court date.  The Department of Licensing catches wind.  Speeder’s license gets suspended.   He is now Speeder-Turned-Suspended Licensee (STSL).

Eventually STSL get pulled over – and possibly arrested – on the suspended license.  If STSL is lucky, police officer won’t (1) investigate STSL for DUI, and/or (2) search STSL’s car following the arrest.  If unlucky, STSL might have had a couple of drinks before being pulled over.  They get investigated for DUI.  Or STSL has contraband tucked away in the glove compartment that gets discovered on the search.

All of the sudden, “Speeder” is now a criminal.

The grinding wheels of justice.  Steel jaws gnashing away at people’s rights.  Police using a suspended license as probable cause to arrest you and search your car.  Unbelievable.

Now, more than ever, change is necessary.  King County has implemented a program which simultaneously circumvents the criminal justice system and allows people get their licenses back.  Legal fees are waived if people successfully complete it.  The program is a success.  And it costs less than prosecuting/jailing people.

There’s more.  In 2007, the study’s authors found, 11,553 misdemeanor marijuana cases were filed.  Of those, 3,638 convictions were made, which resulted in about $7.6 million in direct costs to the state.

Again, unbelievable.  Taxpayers subsidize these enormous costs.  However, most people believe small-time drug cases should NOT be prosecuted.  Remember Seattle Initiative I-75?  The measure – which passed successfully in 2003 – directed police officers and prosecutors to treat the personal use of marijuana by adults as the city’s lowest law enforcement priority.

It’s time our court system caught up with the will of the people.

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.