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Clark County DUI / DWI Law Blog

State considering measure to collect DNA from non-convicted arrestees

Prosecutors and police in the state of Washington are pushing for a change in state law to require that arrestees accused of serious crimes be forced to give DNA samples even if they have not been convicted of anything. They point to the example of a man who was charged with a felony hit-and-run offense and then allegedly committed criminal offenses against 19 other people before the end of that year, including six alleged rapes.

They argue that the latter crimes might have been prevented or detected sooner if he had been compelled to give a DNA sample after his initial arrest. The proposed change in the law would gather DNA from almost everyone arrested for a felony or for violation of a domestic violence order of protection. The only requirement would be that a judge agrees that the arrest was supported by probable cause, which only indicates there was sufficient suspicion for an arrest, not necessarily proof of guilt beyond a reasonable doubt, as required for a conviction.

Intoxicated driver who killed nun sentenced to 20 years

An intoxicated driver involved in an accident which killed a nun in August of 2010 was sentenced on Feb. 3 to 20 years of incarceration for his role in the accident. The motorist, who is an undocumented immigrant, had two previous convictions for DUI at the time, and was already facing possible deportation. At trial, he was convicted of felony murder.

According to sources, the drunk driving incident killed a 66 year-old nun and badly injured two other nuns, ages 71 and 77. The 71-year-old nun was hospitalized for a number of months after the crash, and suffered impairment of both her memory and her hearing. Her left thumb was severed and she requires pins to hold some of her vertebrae together. It took a long struggle for her to regain her ability to sit, stand and walk, she says.

San Francisco 49ers star charged with DUI

Readers here in Washington were probably at least a little interest in the late-season success of the San Francisco 49ers. After all, since the Seattle Seahawks have not exactly been stellar on the field as of late, it was nice to know a West Coast team was going well.

It might be unfortunate news for some, then, that Aldon Smith, a linebacker for the 49ers, was recently arrested and has been charged with a DUI.

Senate panel shows support for anti-domestic violence LGBT bill

Washington state advocates of increased rights for lesbian, gay, bisexual and transgender people might soon have reason to cheer. A Senate panel recently expressed its approval a bill that aims to make anti-domestic violence programs more inclusive of these demographics.

The bill is an update of the 1995 Violence Against Woman Reauthorization Act and functions by allocating grant money to community-based programs that fight domestic violence. This update would explicitly make programs for lesbian, gay, bisexual and transgender people eligible for grant money, as long as they have programs meant to decrease domestic violence among those communities.

Man receives harshest sentence yet on stalking charges

On Tuesday, a 31-year-old man was sentenced to serve 26-1/2 years in prison for stalking a woman for 17 years. The man reportedly has known the woman since they were both in the eighth grade.

The stalking sentence was, according to King County Senior Deputy Prosecutor Alex Voorhees, the harshest she has ever seen for a stalking case. As our readers may be aware, stalking is an issue closely related to that of domestic violence. Every state has criminalized stalking, though the consequences vary.

Mirkarimi announces he will not be taking leave of absence

We have been following the recent controversy with San Francisco's newly elected Sheriff Ross Mirkarimi. As we have noted in previous posts, Mirkarimi has been accused of domestic abuse involving his wife on New Year's Eve at the couple's home.

Mirkarimi pleaded not guilty last Thursday to misdemeanor counts of domestic violence battery, child endangerment and dissuading a witness. We also noted that, at that hearing, Mirkarimi's Venezuelan wife had harsh words for the judge. She apparently opposes the judge's order that Mirkarimi have no contact with her or the couple's 2-year-old son.

San Francisco Sheriff charged with domestic violence, pleads not guilty

In a previous post, we mentioned that the newly elected Sheriff of San Francisco has become entangled in allegations of domestic abuse involving his wife on New Year's Eve. At the time we wrote that post, the District Attorney's office was still determining whether charges would be pursued in the case.

Well things developed quickly, because on Thursday Sheriff Mirkarimi pleaded not guilty to misdemeanor counts domestic violence battery, child endangerment and dissuading a witness. Interestingly, the Sheriff's wife was present at the hearing to criticize the judge for her handling of the case.

Study: pediatricians may more readily suspect abuse in lower-class children

According to a recently released study published in the Journal of Pediatrics, many pediatricians may be more likely to suspect domestic abuse in children from a low-income family than those from higher-income families. The research did find, though, that the race of the child doesn't appear to affect doctor's opinions.

The research, while inconclusive, does point to the stereotypes of many who feel that child abuse and domestic violence doesn't happen in affluent families, and that abuse is more readily suspected among the lower class.

Newly elected Sheriff of SF tangled in domestic violence allegations

Our readers may have heard of Ross Mirkarimi, San Francisco's new sheriff who is currently embroiled in somewhat of a fiasco that has some calling for his resignation. According to sources, Mirkarimi-who took his oath of office on Sunday-was reportedly involved in a domestic incident with his wife on New Year's Eve.

Mirkarimi's wife is said to have approached a neighbor to reach out for help on the night of the incident. The neighbor reportedly took photographs of the bruised woman, who later denied that domestic violence occurred. She has also said that the situation had been "taken out of context."

Washington bill proposes reintroduction of sobriety checkpoints statewide

Although the state of Washington has not used sobriety checkpoints since the late 1980s, some state lawmakers have recently started a campaign to bring them back.

Sobriety checkpoints, which make use of road blocks in order to catch drunk drivers, were found to be unconstitutional by the Washington State Supreme Court, but concerns over the number of drunk-driving related fatalities has these lawmakers calling for reconsideration of the issue.

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