Category Archives: Uncategorized

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.

Summer DUI Patrols Seek Prevention of “100 Deadliest Days.”

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

Penalties for Repeat DUI Offenders in Arizona | Blog

It’s that time of year again. Law enforcement agencies across the state are stepping up DUI patrols to help get impaired drivers off the road.

This weekend, Washington’s law enforcement agencies are launching a two-week statewide campaign to crack down on DUI’s. It’s made to coincide with “The 100 Deadliest Days” of Washington’s roads, streets and highways as far as DUI-related accidents are concerned. Statistics show that 30 percent of our traffic deaths across Washington state actually happen between Memorial Day and Labor Day.

In the last six years, 961 people have died on Washington’s roadways during the summer season from alcohol related accidents and other factors. Add this to the fact that 2013 has brought an increase in the number of high-profile DUI related traffic deaths in Western Washington.

Meanwhile, a new measure to strengthen Washington’s DUI laws is being argued in the state legislature as lawmakers continue their stalemate over the budget.

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.

Toxicologist Says, “No Spike YET In Marijuana DUI Arrests”

Blood Test, Constitutional Rights, Drug Offenses, DUI, felony, Jail, law enforcement, Legislation, marijuana, misdemeanor, police, Terry Stop, Uncategorized, Washington State Patrol, , ,

A Marijuana DUI is Tough to Prove | DUI Lawyer

The state toxicologist hasn’t seen a spike in positive blood tests for marijuana since pot became legal under Washington law.

Voters last fall passed Initiative 502, allowing adults over 21 to possess up to an ounce of marijuana. The measure, which took effect Dec. 6, set a DUI limit designed to be similar to the .08 blood-alcohol content for drunken driving – 5 nanograms of active THC per milliliter of blood.

State toxicologist Fiona Couper told a legislative hearing in Olympia on Wednesday that the Washington State Patrol’s toxicology lab has completed tests on all blood samples taken from drivers in December, and has started on samples from last month. She says there’s no spike, but notes the law has only just taken effect.

Couper says that every year, about 6,000 blood samples from drivers are submitted to the lab. About 1,000 to 1,100 of those come back positive for active THC, with the average being about 6 nanograms.

My opinion? This could be the proverbial calm before the storm. Who knows, perhaps law enforcement officers are being trained and retrained on becoming Drug Recognition Experts on marijuana DUI detection. Progressive laws are slow to get enacted, and the government’s response to progressive legislation even slower; especially if it costs money to train/retrain officers. Yes, there’s no spike yet. But don’t get too comfy . . .

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.

Federal Government Mum on Washington & Denver Legalizing Marijuana

Legislation, marijuana, misdemeanor, Uncategorized, , ,

How legalized cannabis changed Colorado in the past five years

The Feds are silent on Colorado Legalizing Marijuana.

“We’ve got bigger fish to fry,” said President Barack Obama, during an interview with Barbara Walters of ABC News. In short, it’s not a major concern in his administration to continue prosecuting citizens for possessing small amounts of marijuana in states that have legalized the drug.

“This is a tough problem, because Congress has not yet changed the law,” Obama told Walters of the legalization in Colorado and Washington. “I head up the executive branch; we’re supposed to be carrying out laws. And so what we’re going to need to have is a conversation about, how do you reconcile a federal law that still says marijuana is a federal offense and state laws that say that it’s legal?”

Backers of new laws that legalized marijuana in Washington and Colorado were cautiously optimistic after President Barack Obama said Uncle Sam wouldn’t pursue pot users in those states. Following the November votes in Washington and Colorado the Justice Department reiterated that marijuana remains illegal under federal law, but had been vague about what its specific response would be.

Marijuana activists were relieved at Obama’s comments, but had questions about how regulation will work. They said even if individual users aren’t charged with crimes, marijuana producers and sellers could be subject to prosecution.

My opinion? Although it appears there’s a cautious green light for citizens in “now-legal” states to possess small amounts of marijuana, don’t light up a joint in the streets any time soon. The new law comes with many strings, bells and whistles attached making it illegal to display and/or possess marijuana in certain situations.

For example, it’s not legal to smoke marijuana while walking around in public places, before driving a vehicle, etc. And the DUI implications are even more staggering.

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.

Extra DUI Patrols Nab 1,600 Washington Drivers

Blood Test, Constitutional Rights, Department of Licensing, Drug Offenses, DUI, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Search and Seizure, Search Warrant, Terry Stop, Uncategorized, Washington State Patrol, , ,

Drive Hammered-Get Nailed - Impaired Driving TV Ad on Vimeo

Police across Washington state arrested more than 1,600 people during a recent drunken-driving enforcement campaign.

According to statistics from the Washington Traffic Safety Commission, 1,603 drivers got busted during this summer’s “Drive Hammered, Get Nailed” anti-DUI campaign, which ran from Aug. 17 to Sept. 3.

A grant from the Traffic Safety Commission paid for the extra patrols. The commission says August is typically one of the deadliest months on Washington’s roads.

My opinion?  Obviously, it’s important to know your Constitutional rights – and respectfully exercise them – during a DUI investigation.  Being stopped for DUI brings many legal issues to the forefront which a competent attorney can address.  Hopefully, your attorney can suppress the evidence and/or get the DUI charges reduced/dismissed.

Was the stop legal?  Was there enough evidence to establish probable cause to arrest?  Were you informed of the implied consent warnings?  Were you advised of your right to an attorney?  Did you provide a portable breath test reading?  Did you perform field sobriety tests?  Did you refuse the Blood Alcohol test at the jail?  If not, was your test result above .08?  Is there an administrative action from the Department of Licensing to suspend or revoke your driver’s license?

These questions, and a host of others, affect how an attorney represents you case.  Although it’s best to avoid a DUI in the first place, it’s equally important to hire competent counsel if you’re charged with DUI.

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.

Increased DUI Patrols in Whatcom County

Bellingham, Blood Test, Department of Licensing, Drug Offenses, DUI, felony, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Search and Seizure, Search Warrant, Terry Stop, Uncategorized, Washington State Patrol, Whatcom County Criminal Defense, , ,

WSP upping DUI emphasis patrols - YakTriNews.com

Be careful.  Extra troopers, deputies and police officers will be on patrol this weekend in Whatcom County and around the state in an effort to get impaired drivers off the roads.

About 1,000 law officers will be on duty in Washington the nights of Friday, Dec. 16, and Saturday, Dec. 17, for the 21st annual “Night of 1,000 Stars.”  The name refers to the badges worn by officers who will be watching for traffic violations, especially drunken driving, aggressive driving, speeding, and failure to wear a seatbelt.  “Every single year that we go through this we arrest people who made a bad choice,” said Washington State Patrol Trooper Keith Leary. “We want people to take our message seriously.”

A State Patrol airplane will also patrol Northwest Washington both nights.

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. Grier: Ineffective Assistance of Counsel

Burglary, Ineffective Assistance, Jury Trial, Uncategorized, Washington Supreme Court, , ,

What Does Ineffective Assistance of Counsel Mean? - NJ Crimmigration

Interesting.

In State v. Grier, WA Supremes held that a defense attorney’s “all or nothing” approach, in which “lesser included” jury instructions were rejected, was a legitimate trial tactic and did not constitute ineffective assistance of counsel (IAC) under the state or federal constitutions. Trial courts are not required to provide lesser included instructions in the absence of a request for such instructions.

Defendant Kristina Grier was charged with Murder in the Second Degree following a fight she had with the victim Gregory Owen.  earlier, they were drinking with a group of people at Grier’s home.  Owen was alleged to have stolen several items from Grier, during the course of the evening.  Some of these items included three guns.  Grier and her son confronted Owen.  A fight broke out.  Unfortunately, a gun went off, killing Owen.

At trial, Grier’s defense attorney withdrew his earlier request for a jury instruction on the lesser offense of Assault.  As a result, the jury was not instructed on those offenses.  The jury convicted Grier of murder.  The case went up for appeal on the issue of whether Grier’s defense attorney was ineffective.  The Court of Appeals reversed Grier’s conviction.  They believed Grier’s attorney was ineffective because he failed to request instructions on the lesser included offenses.

For those unfamiliar with criminal law practice, a “lesser included” offense shares some, but not all, of the elements of a greater criminal offense. Therefore, the greater offense cannot be committed without also committing the lesser offense. For example, Manslaughter is a lesser included offense of murder, assault is a lesser included offense of rape, and unlawful entry is a lesser included offense of Burglary.

The WA Supremes ruled Grier’s attorney’s decision to withdraw the lesser included offense instructions did not prevent her from raising an ineffective assistance claim.  The court also held that defense counsel’s “all or nothing” approach was a legitimate trial tactic and was not IAC.  The court vacated the Court of Appeals decision.

My opinion?  Interesting decision.  It’s difficult to play “Monday Morning Quarterback” and call a defense attorney’s trial tactics ineffective simply because the defendant lost at trial.  What if the defense attorney wanted the jury instruction and Grier was convicted?  Would she appeal the case anyway, and call her attorney ineffective because she was convicted on the lesser charge?  Good decision, WA Supremes.

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.

Patrol Car Video in Fatal Shooting of Woodcarver Released

Firearm, Homicide & Manslaughter, Uncategorized, , ,

Police video documents fatal encounter between officer and woodcarver | The Seattle Times

 Patrol car video released from an officer’s fatal meeting with John T. Williams does not show the shooting, but includes audio of their interaction. Officer Ian Birk, 27, shot Williams Aug. 30 at Boren Avenue and Howell Street. Williams died at the scene.

Birk yells “Hey!” three times to Williams, then yells three times to “Put the knife down.”

The first shot appears to be fired five seconds from when Birk first told Williams to put the knife down. Court documents show the knife was closed when photographed by investigators.

Less than a minute after the shooting, before backup officers arrive, Birk’s heard telling a woman Williams had a knife and wouldn’t drop it. He tells backup officers Williams had the knife open and was carving.  Williams’ knife had a 3-inch blade — one that is legal under the Seattle Municipal Code. Hundreds of people protested the shooting in September. Critics have said Williams was deaf in one ear and was not presenting a threat to Birk.

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.

Mass Incarceration In America

Jail, Race & Law, Uncategorized, , ,

Monthly Review | From Mass Incarceration to Mass Coercion

The American Prospect magazine has just published the report, “Mass Incarceration in America”:  The issue includes essays from journalists and criminal justice experts who review the policies that have contributed to the nation’s high rate of incarceration and the subsequent impact on youth and low-income communities of color in particular.

It also details promising initiatives that seek to change incarceration trends and aid at-risk populations with social services support in order to prevent crime. Kara Gotsch, Director of Advocacy for The Sentencing Project, contributed to the special report.

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.

In re. Personal Restraint of Swenson

Jury Trial, Uncategorized, Washington Court of Appeals, , ,

What is Judicial Recusal? Is it ethical for judges to recuse themselves? Current Affairs 2019 - YouTube

Interesting case.  In In re. Personal Restraint of Swenson, WA Court of Appeals decided a judge should disqualify themselves from sentencing a defendant’s case if the judge’s impartiality might be reasonably questioned, but absent evidence of actual or potential bias, an appearance of fairness claim is without merit.

Mr. Swenson was sentenced for several sex offenses by a judge who prosecuted him 20 years earlier on an unrelated juvenile case.  Swenson did not ask the judge to recuse herself at the sentencing hearing on the sex offenses.  Nothing in the record indicated the judge remembered Swenson.  The judge imposed the agreed recommended sentence.  Swenson did not appeal the conviction, but he later filed a Personal Restraint Petition asking for a new sentencing hearing.  he cited the Appearance of Fairness Doctrine and the Code of Judicial Conduct.

The Court of Appeals reasoned that a judge should be disqualified if their impartiality is called into question.  However, in this case there is no showing of actual or potential bias.  The mere fact that a judge prosecuted a defendant in the past does not disqualify the judge from hearing the case today.

Moreover, the Court argued there is no basis to reasonably question whether Swenson received a fair, impartial, and neutral hearing.  The record shows the judge followed the parties’ agreed sentencing recommendation and the sentencing hearing was fair and impartial.  And nothing in the record indicates that the sentencing judge was aware of her involvement as a prosecutor 20 years earlier in an unrelated juvenile case against Swenson.

My opinion?  Seems fair.  In practice, judges typically recuse themselves upon realizing they defended or prosecuted the defendant months/years ago.  However, if the judge can’t remember, and has not been reminded by the defendant of their previous involvement, then the judge has no duty to recuse themselves.  And as far as disqualifying a judge is concerned, there must be some showing that the judge was biased for or against the defendant.  It’s common sense.

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.