The driver that was determined to be at fault had, according to police, drove half a mile in the wrong direction on I-5, sideswiping two other cars first, then stalling traffic. After that, one of the sideswiped cars was reportedly struck from behind by another vehicle, which was then hit by another vehicle. In total, six vehicles were involved and four were injured. None of the injuries was life-threatening.
]]> Sources didn't provide any further details about the DUI charges, such as what police observed or whether a breath test was taken. As our readers know, breath tests are often a central piece of evidence used by prosecutors in pushing a DUI case. Under Washington law, one can be charged with DUI if a blood alcohol reading is .08 or higher within two hours after driving.Preliminary breath tests, those taken at the arrest site, are known to have problems with inaccuracy. They are usually not sufficient to be admitted as evidence in court. Formal breath tests are admissible at court, but their use is governed by various requirements that police must follow. If police fail to use the proper procedure, the accuracy or validity of the test can be compromised.
In addition to procedural matters, breath testing itself can simply be inaccurate in giving a person's actual blood alcohol concentration. It is critical that those facing DUI charges not be tried on evidence which is inaccurate or invalid. A defense attorney will build up a defense case on these and other considerations.
Source: Seattle Post Intelligencer, "4 injured, 6 cars hit as wrong-way driver triggers mayhem on I-5," May 12, 2012.
]]>According to sources, anti-domestic violence groups claim strangulation is not like other forms of assault related to domestic violence. Strangulation can leave victims near death, but few if any external sigs of injury. Because of this, they say, strangulation is widely under-prosecuted. In addition, attempted murder charges are also hard to support when suspects intended to scare rather than kill the victim. Advocates say the laws are a positive step forward in securing harsher prison sentences and spreading awareness of the crime.
]]> Advocates across the country have, in addition to supporting such laws, made efforts to train police how to identify subtle signs of strangulation, including raspy voice, blood-red eyes, difficulty breathing, and involuntary urination. One of them, the San-Diego based National Family Justice Center Alliance, has receive $400,000 from the Department of Justice to fund a training institute. The group, like others of its kind, offers free training and presentations to police, court personnel, and emergency responders.Harsher laws against strangulation have not been support in all states, though, at least in part because of the efforts of defense attorneys, who say that there are already enough legal protections in place to protect victims. Many defense attorneys have pointed out that passing harsher laws could lead to excessive prosecution.
Source: Associated Press, "Sates cracking down on strangulation attempts," May 13, 2012
]]>Sources are pointing to the sergeant's apparent history of domestic violence allegations, which include a 2008 charge of fourth-degree domestic violence assault. In that incident, he was reportedly accused of striking his wife at their home north of Vancouver. The charge was dropped upon investigation, though. Another domestic violence complaint came forward last year, but no charges were pursued upon investigation by Clark County deputies.
]]> Sources also mention the February 2010 death of the wife of an off-duty sergeant with the Clackamas County sheriff's office. The sergeant reportedly shot and killed his wife in a domestic violence dispute, along with two of her friends, and then took his own life.The relationships that give rise to domestic violence are often complex, and it is important that thorough investigations are conducted whenever violence is alleged. The fact that somebody has been arrested and charged previously for domestic violence is not necessarily an indicator of a propensity to attacking those with whom they live.
It some cases, there is an abusive or unhealthy relationship or family situation which, for one reason or another, occasionally becomes the occasion for accusations of violence. From a defense perspective, it shouldn't automatically be assumed that a domestic violence defendant is a habitual abuser. Each defendant deserves a full defense and the chance to have their side of the story heard.
Source: The Columbian, "Oregon sheriff's sergeant who lives in Vancouver arrested," Craig Brown, May 3, 2012.
]]>The group's recommendations are reportedly important, and while not mandatory, often become the standard of care and insurance coverage in the medical community.
]]> Some groups have expressed concern about the idea of routine domestic violence screening. Lack of resources and the potential of exacerbating abuse were cited. The USPSTF, however, found in its analysis that routine screening does not appear to exacerbate abusive situations.In the criminal justice system, everybody agrees that domestic violence is an evil that needs badly to be addressed. Domestic violence advocates, legislators, law enforcement, and prosecutors often establish task forces, coalitions, stricter laws and departmental or official policies to make such crimes easier to track and prosecute.
From one perspective, this is a good thing. From a defense perspective, however, there is always the danger of moving forward too quickly without doing a proper investigation, or of doling out charges which are unfair or inaccurate.
When a person is accused of domestic violence, they need to have their rights as a criminal defendant respected. This includes the right to a fair trial, which will give them the opportunity to confront an accuser and hold prosecutors to their burden of proof.
One of the things a defense attorney will look at is whether the charges are accurate based on all the information available, as well as the existence of any possible defenses. If the state is unable to prove beyond a reasonable doubt that the defendant is guilty of the crime alleged, the charges must be dismissed.
If charges cannot be dismissed altogether, a defense attorney may be able to have charges minimized to a less serious offense. In either case, the goal is to provide the best possible defense and advocacy for the defendant.
Source: MSN Health and Fitness, "Screening Women for Domestic Violence Could Help Prevent Abuse," Carina Storrs, May 8, 2012.
]]>After overcorrecting, the latter driver crossed both lanes to the left and struck the barrier. Both vehicles ended up crossing the lanes and stopping on the right side of the highway. Neither driver was hurt, nor was the 17-year-old passenger of the driver who was struck. Both vehicles were, however, totaled.
]]> Sources didn't provide any details as to what led police to believe the 25-year-old man had been under the influence of alcohol at the time of the crash. As soon as police suspect a DUI may have occurred, though, they immediately begin collecting any evidence they believe would support an arrest.Among the evidence will be signs of erratic driving, breath alcohol odor and other personal signs of intoxication, field sobriety tests and preliminary breath tests, incriminating statements, and blood-alcohol tests.
Police receive extensive training to be able to detect certain types of evidence, and it may happen that officers are so used to seeing them that they may assume they are there when they actually are not. Certain types of evidence, like the field sobriety and preliminary breath tests, are unreliable and may be subject to error. Positive breath tests have been disputed based on defects or inaccuracies in the device.
There are a variety of ways that evidence collected by police can be inaccurate and subject to legitimate criticism. It is the task of a defense attorney to ensure that inaccurate or poor evidence, or illegally obtained evidence, does not form the basis of a conviction.
Source: Oregonlive.com, "Man hurt in Vancouver crash charged with DUI," Sally Ho, April 15, 2012.
]]>The bill would reportedly authorize $660 million for domestic violence shelters and police training through 2016. The goal is to provide law enforcement agencies the resources necessary for prosecuting and convicting offenders and assisting victims with support services and legal protections.
]]> Since the law was first enacted in 1994, domestic violence has reportedly dropped by over 50 percent. Domestic violence is still a widespread problem, with one in three women in the United States who experiencing rape, physical violence or stalking by an intimate partner at some point in their lives.Those statistics comes from a national survey conducted in 2010. The survey also found that over 12 million persons experienced domestic violence over a one-year period. Also, the survey noted that, while women are most often the victims of domestic, men are also victims.
Republicans in the Senate had opposed the original bill, particularly a provision that expanded the number of visas available to domestic violence victims who aid criminal investigations. Sources said that 15 Senate Republicans did join Senate Democrats in support of the measure, though.
Our regular readers know that, while it is important to condemn domestic violence itself and to offer aid and protection to victims, those accused of domestic violence should be treated fairly and their rights respected. It is easy to condemn those accused of a crime everybody loathes, but affording the accused all the protections and the defense they are due is the just thing to do.
Source: Bloomberg, "U.S. Senate Passes Aid to Victims of Domestic Violence," Kathleen Hunter, April 27, 2012.
Tags: domestic violence, domestic violence legislation
4/23/12
Preliminary breath tests: refusal to take them can result in harsher penalties
Authorities are saying that a car crash in Seattle law Thursday was the result of a drunken driver wanted on a warrant attempting to avoid arrest. The accident reportedly resulted in the injury of a Vancouver woman. According to police, the incident began when an officer noticed the registered owner of a vehicle had an outstanding warrant and attempted to stop him on a traffic infraction. Instead of stopping his vehicle, the defendant reportedly accelerated and left the officer behind.
The incident went badly when the driver ran a red light and shortly afterward struck a Ford Focus driven by a 33-year-old Vancouver woman. The suspect and two others were reportedly sent to a local hospital for treatment of injuries. The defendant, a 33-year-old Vancouver man, was arrested on suspicion of DUI. Sources didn't indicate what evidence there may have been in support of a DUI charge. Evidence often includes breathalyzer readings, though it isn't clear whether any such readings were taken in this case.
As our readers may know, preliminary alcohol breath tests-those administered during a traffic stop-are used by officers to confirm their suspicion that a DUI has occurred. They do not take the place of breath tests administered once a suspect has been arrested. Preliminary breath tests are not known for their accuracy, and various foods or medicines can interfere with the accuracy of such devices. DUI defense often involves challenging the accuracy of these devices.
One thing our readers should know about preliminary breath tests is that refusal to submit to them is not a right under Washington law. By virtue of holding a Washington driver's license, one gives implied consent to such tests. Refusing to take such a test could result in more severe punishments if one is eventually convicted of DUI, including revocation of one's license for at least one year.
Those who take the test may be able to have the results of the test suppressed from evidence because of the way the traffic stop was conducted or because of the accuracy of the device is called into question.
Source: Oregonlive.com, "Minor injuries reported after suspected DUI driver hits car head-on north of Vancouver," Kate Mather, April 19, 2012.
]]>The incident went badly when the driver ran a red light and shortly afterward struck a Ford Focus driven by a 33-year-old Vancouver woman. The suspect and two others were reportedly sent to a local hospital for treatment of injuries. The defendant, a 33-year-old Vancouver man, was arrested on suspicion of DUI. Sources didn't indicate what evidence there may have been in support of a DUI charge. Evidence often includes breathalyzer readings, though it isn't clear whether any such readings were taken in this case.
]]> As our readers may know, preliminary alcohol breath tests-those administered during a traffic stop-are used by officers to confirm their suspicion that a DUI has occurred. They do not take the place of breath tests administered once a suspect has been arrested. Preliminary breath tests are not known for their accuracy, and various foods or medicines can interfere with the accuracy of such devices. DUI defense often involves challenging the accuracy of these devices.One thing our readers should know about preliminary breath tests is that refusal to submit to them is not a right under Washington law. By virtue of holding a Washington driver's license, one gives implied consent to such tests. Refusing to take such a test could result in more severe punishments if one is eventually convicted of DUI, including revocation of one's license for at least one year.
Those who take the test may be able to have the results of the test suppressed from evidence because of the way the traffic stop was conducted or because of the accuracy of the device is called into question.
Source: Oregonlive.com, "Minor injuries reported after suspected DUI driver hits car head-on north of Vancouver," Kate Mather, April 19, 2012.
]]>The two bodies found in the remains of the home have yet to be identified. While the case is being investigated as a homicide, authorities said there was no history of domestic violence at the home, which the man reportedly shared with his wife and daughter.
]]> In terms of evidence that the case was a homicide, sources cited the man's unexplained absence as well as arson investigators' discovery of seven gasoline containers at the home on Monday.When firefighters responded to the fire, the entry reportedly appeared to be intentionally blocked, though family later told investigators it was a furniture arrangement that blocked the door, and that the family normally used the side door. The family car was also reportedly found about 30 miles east of Seattle in North Bend hours after the fire.
More details about this story are sure to be forthcoming, but it is clear that authorities are intent on looking further into a possible murder, and that they believe the Seattle man may have been involved. Not enough is known about the case to offer many comments at this point, but it is interesting that authorities noted the lack of domestic violence reports from the residence.
As our readers know, those with a history of domestic violence-particularly those who are convicted of domestic violence-are often at a disadvantage when it comes to defending themselves against criminal charges. Those who have been accused of domestic violence do well to seek out an experienced attorney to help them build a solid defense in their case.
Source: Oregonlive.com, "Man sought in deaths of women found in house fire," April 23, 2012.
]]>As our regular readers know, Mirkarimi was charged with domestic violence, child endangerment and dissuading a witness following a New Year's Eve dispute with his wife, Eliana Lopez. The charges were dropped last month exchange for a conviction of misdemeanor false imprisonment. Mirkarimi contends that he was misrepresented in the media and that public scrutiny against him has been an embarrassment and a frustration.
]]> In a recent interview, Mirkarimi opened up about the dispute behind the charges. According to Mirkarimi, the bruises on his wife's arm-what prompted police to pass the case to prosecutors-were an attempt to deescalate a heated argument regarding custody of their son. They were not, as some may have suspected, the result of a man cornering and bullying his wife.Following news of the charges against Mirkarimi, new reports circulated that he had told his wife that he was powerful and that she would, therefore, not be able to take his son away from him. There were also reports that the charge of false imprisonment was based on Mirkarimi's sequestering of his wife. He points out, though, that the charge was based on him turning the couple's van around to return home rather than continue to the restaurant, against the wishes of his wife. He did so in order that their custody argument could be held in private rather than in public.
Mirkarimi now faces the possibility of losing his position as Sheriff. Such a result would be potentially devastating on his career.
Again, the case is a lesson in the challenges faced by those accused of domestic violence. It should be clear to our readers that those facing such charges do themselves a favor by seeking out an attorney to help them through the process.
Source: SF Weekly, "Ross Mirkarimi Explains How His Wife Got the Bruise," Erin Sherbert, April 18, 2012.
]]>The DUI law makes a number of changes to the previous statutes, having the total effect of increasing accountability for offenders and making it harder to become a repeat offender. Goodman's domestic violence measure increases penalties for those violating no-contact orders and makes it more difficult for them to locate their victims.
]]> The new DUI law requires cameras to be installed on ignition interlock devices; authorizes law enforcement to take breath or blood tests for felony DUI arrests without the suspect's consent; make DUI offenders responsible for as much as $2,500 of emergency response costs; permits courts to order alcohol monitor of offenders; and requires plea agreements and sentences for felony DUI cases to be kept as public records, while preventing courts from vacating felony DUI convictions.The new domestic violence law requires strengthens confidentiality protections for domestic abuse victims and increases penalties for violating no-contact orders.
Both measures up the ante for those convicted of DUI and domestic violence. As our readers know, drunk driving and spousal abuse are crimes law enforcement constantly comes into contact with, and which lawmakers frequently address.
It is easy for the general public to speak out against such crimes and condemn those accused of them. What isn't always so easy is sorting out what actually happened in each case and determining whether police have acted properly, whether all the elements for criminal charges have been met, and presenting mitigating factors which could reduce an offender's sentence. These are all tasks that must be done in every case.
Source: Kirkland Reporter, "Rep. Goodman's reforms on DUI accountability, domestic violence protections, others signed into law," April 5, 2012.
]]>One of the interesting aspects of the case which hasn't gotten a lot of attention until more recently is the fact that Mirkarimi's wife, Eliana Lopez, has been opposed to the way the whole incident was handled. According to a recent op-ed by Lopez published in the San Francisco Chronicle, the domestic violence case was largely motivated by Mirkarimi's political enemies. Lopez went to far as to characterize the whole debacle as a coup d'etat.
]]> For our readers who haven't been following the incident, Mirkarimi was charged with domestic violence, child endangerment and dissuading a witness following the New Year's Eve dispute. Those charges were dropped last month in exchange for a guilty plea to misdemeanor false imprisonment. Mirkarimi was subsequently suspended from his position and now faces the possibility of misconduct charges.Lopez has said that the dispute was a "very emotional misunderstanding" regarding potential custody issues during a time when the couple's relationship was struggling. Lopez has also said she has never feared for her safety or the safety of the couple's young son.
Of course, Lopez's feelings about the case were not taken into account by prosecutors. In domestic violence cases, the alleged victim's desire to not prosecute the case will typically have no effect on authorities, who most often will pursue the case regardless.
Because the state is only interested in doing what it can to obtain a conviction, it is important for defendants to put up a strong fight against charges. Doing so may result in dismissal or minimization of the charges.
Source: Washington Post, "SF sheriff's wife says domestic violence case against husband effort to bring him down," April 6, 2012
]]>The alleged domestic violence which gave rise to the charges took place at the couple home. According to Ramirez's wife, he hit her in the face with an open hand while they were arguing, which caused her to fall and hit her head on a section of the couple's bed. Because of the incident, Ramirez's wife was left with minor injuries including swelling on the side of her face and a contusion on the back of her head.
]]> Ramirez's wife had reportedly contacted the police out of fear that the situation would become worse, though it did not. Following his arrest, Ramirez insisted on his innocence, saying that he had been holding his wife by her shoulders when she attempted to move and consequently hit her head.The misdemeanor charges against Ramirez could have resulted in up to a year in jail.
As we noted when this incident first became known, it isn't always clear exactly what took place in an alleged domestic violence incident. Many times somebody gets arrested without police having a clear idea, let alone proof, for what has taken place. All of this has to be sorted out afterwards.
In this case, the charges were dropped because Ramirez's wife was not ready to pursue the charges. Specifics were not given on this, but it is important to recognize that domestic violence charges are only that, charges. Prosecutors must be held to their burden of proof, and a defendant is considered innocent until proven guilty.
Source: CBS Sports, "Domestic violence charge against Manny Ramirez dropped," Matt Snyder, March 30, 2012.
]]>The dispensation was granted after he came forth with both a letter from his employer and certification that he had begun a treatment program for alcohol problems.
]]> The arrest occurred in August of last year. Police reports indicated that he almost caused a police vehicle to hit him when he executed a rolling stop at an intersection's posted stop sign. The arresting officer claimed that his blood alcohol level was 0.14, or significantly in excess of, 0.08, the legal limit.While Obama's uncle declined to plead guilty, he did say that there was sufficient evidence to prove he drove while intoxicated. The court ordered him to complete an alcohol education program on the dangers of drunk driving, and held off on any conviction or sentence to see if the defendant would comply and stay out of trouble for the next year. If he does, all pending criminal charges will be withdrawn. These types of deals are often available to first-time offenders, and are an opportunity to keep a clean record.
The elderly motorist is a half-brother of the U.S. President's father, who died long ago in 1982. His legal difficulties include an ongoing court battle against a deportation order. A citizen of Kenya, he allegedly neglected to renew his paperwork to stay in the U.S. in 1992.
Source: Fox News, "Obama's uncle gets Massachusetts driver's license back after drunken driving arrest," April 3, 2012.
]]>The media, having a heyday with the case, has been quick to point out that Zimmerman has a troubled past of run-ins with the law, including past allegations of speeding, fighting with a law enforcement officer, and engaging in domestic violence.
]]>Domestic abuse can be physical, mental, emotional or sexual. In many cases there are no witnesses to any alleged assault or abuse, other than the two people involve in the incident. Three different domestic abuse stories, with three different results, are today's topic.
]]> The first incident involves a guilty verdict of an Army sergeant charged with first-degree arson, assault, felony harassment and unlawful imprisonment. He was also charged with attempted murder for pouring lighter fluid on his wife's legs and lighting them on fire. The wife at first said she lit herself on fire accidently, and then changed her story. She claimed she lied at first because she feared for her safety. Her husband was acquitted of the attempted murder charge. He was sentenced this week to 10 years in prison for the other charges.The second incident involves a Washington State Patrol trooper, whose wife has accused him of pointing a gun at her and hitting her. The officer has been arrested and was placed on administrative lead pending an investigation. No other details were released.
The third incident involves an elderly couple. The couple had been married for 46 years. Just last year, the wife obtained a protection order against her husband, fearing that he would harm her. The 71-year-old husband has since been charged with first-degree murder for killing his 71-year-old wife with a hatchet. He is being held in jail, pending an arraignment.
These three incidents making the news in a single week demonstrates to readers that domestic abuse is not an uncommon charge and one which crosses demographic boundaries. Any charge of domestic violence merits careful consideration. As with many other assault charges, the only two people who know exactly what happened, are the two people involved.
Source: KMAS, "Regional News Mar 28," March 28, 2012
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