Clark County DUI / DWI Lawyer Blog

Former Seahawk Hill won't face felony charges for arrest

2013-05-18T01:11:01Z

Washington residents may be aware of the case of former Seattle Seahawks linebacker, Leroy Hill, who was arrested in January on suspicion of domestic violence. The King County Prosecutor's Office said on May 8 that the case against Hill did not warrant a felony charge. The case has been transferred to the Issaquah prosecuting attorney, who could still charge Hill with a misdemeanor.

Hill faced fourth-degree assault anddomestic violence charges in Issaquah after an April 2010 arrest. Those charges were eventually dismissed after the alleged victim stopped cooperating with police and Hill complied with settlement terms for 18-months.

]]> On January 29, police responded to a call made by a woman claiming to be Hill's live-in girlfriend at his Issaquah home. She claimed that Hill assaulted her, took her cell phone and held her against her will. She was treated for injuries at Swedish hospital and later released. Police arrested Hill after staking out his house. He was released later in the week and was not charged.

Convictions for domestic violence charges can lead to serious consequences, including jail time, fines and a negative impact on one's reputation. Domestic violence charges often arise out of volatile and intense situations. Accounts of the incident can be sometimes be unclear and charged with emotion. Those accused of domestic violence may benefit from meeting with an experienced attorney. A criminal defense attorney could examine the details of the case and present the accused's side of the story with supporting evidence and witnesses to avoid a conviction or reduce the penalties resulting from a conviction.

Source: http://mynorthwest.com/, "Leroy Hill won't face felony charge for January arrest", Danny O'Neil, May 08, 2013

Washington considers stronger DUI laws

2013-05-16T01:11:01Z

Washington's legislature is considering new penalties for drunk driving convictions. One idea they won't revisit are sobriety checkpoints. The state did use them in the 1980s, but they were ruled unconstitutional by the State Supreme Court in 1988.

The state legislature has attempted to reinstate DUI checkpoints, but the effort has failed due to a conflict with the state constitution, which contains very specific language regarding a state resident's right to privacy. It is, in fact, a stronger privacy protection than what is offered in the United States Constitution. Most legal experts in Washington think the best way to allow for the checkpoints is to amend the state constitution.

]]> There is a great deal of controversy surrounding the use of checkpoints. They were eliminated in Washington after a group of motorists who were caught up in traffic checkpoints but not arrested sued the city of Seattle. It was found to be unconstitutional by the court, and the decision was upheld by the State Supreme Court. The 39 states that have checkpoints offer statistics that show a decline of between 28 and 24 percent in alcohol related crashes. When Seattle had the checkpoints, one six week period around the holidays showed that 2,400 people were stopped. Out of those 2,400 people, 22 were arrested for DUI.

Drinking under the influence of drugs or alcohol is a serious matter. An individual who is convicted of these charges may face prison time, fines, court ordered rehabilitation, and suspension of his or her driver's license. It may be possible for a criminal attorney to review an individual's case and make recommendations. Depending on the circumstances, it may be possible to plead to lesser charges or attempt to show that the arresting officer didn't follow proper procedures, which may result in dismissal of the charges.

Source: KUOW.com, "The Constitutional Question Of Sobriety Checkpoints In Washington State", Patricia Murphy, May 13, 2013

Washington driver charged with drunk driving

2013-05-11T23:28:03Z

Police in Washington believe that alcohol was a factor in an accident that occurred on May 3, 2013. Two women were traveling in a 1999 Acura when the car went off the road and landed on a ditch. The car stopped after flipping onto its top. The driver was a 32-year-old woman, and the passenger was a 38-year-old woman. The two women were taken to the Mason General Hospital to be treated for their injuries.

State troopers investigating the accident believe that the crash was caused when the tires of the car went off the road, causing the driver to lose control. They believe that the driver was under the influence of alcohol, and they are pressing charges of drunk driving against her.

]]> Drunk driving charges in Clark, Washington, and throughout the state are very serious. Penalties can include license suspension, fines and jail time. When there is a drunk driving accident, the charges can become more serious if other people are injured or killed as a result of the accident. When a person is taken to the hospital after an accident in which alcohol may have played a factor, the hospital can perform a blood alcohol test to determine what the blood alcohol content was immediately after the accident.

When people are involved in accidents or are accused of operating under the influence, they may find it helpful to enlist the services of attorneys. Second and third offenses for drunk driving carry severer penalties, so it is important that the accused take steps to defend their innocence and minimize charges wherever possible to avoid lengthy jail sentences and heavy fines. Attorneys in Washington may help by explaining their rights and options and recommending courses of action.

Source: The News Tribune, "DUI suspected in Shelton crash that injured 2 Read more here: http://www.thenewstribune.com/2013/05/04/2584347/dui-suspected-in-shelton-crash.html#storylink=cpy", CHELSEA KROTZER, May 04, 2013

Washington legislature considers harsher DUI penalties

2013-05-09T23:28:03Z

The Washington legislature is currently considering an amendment to state DUI laws that would require harsher penalties. For a first offense, a person charged with drunk driving will be arrested. A second or subsequent offense would carry mandatory jail time. Supporters of the law cite two recent Washington cases to show why they wish for the law to pass.

On April 30, officers stopped a driver who could not exit his vehicle without assistance. The man allegedly refused to take a breath test. Officers transported the man to the hospital to have his blood drawn. The results of the blood test were not released. The driver has four prior DUI arrests.

]]> Another recent case involves a local man who lost his parents in an accident with an allegedly drunk driver. His wife and son were critically injured in that same accident. The driver in that case is facing criminal charges of vehicular homicide and aggravated assault.

In addition to possible jail time or fines, a person convicted of drunk driving may lose the ability to drive. Subsequent convictions carry heftier penalties. One way that a criminal defense attorney may be able to help in this situation is to seek treatment for those accused of driving under the influence, which is more beneficial than jail. For a first offense, an attorney may be able to help avoid a conviction, which can also help reduce penalties if the same person is stopped on suspicion of drunk driving in the future. An attorney may also be able to dispute traffic stops in an effort to have DUI charges dismissed.

Source: KOMOnews, "Recent DUI cases highlight problems with repeat offenders", Kristen Drew, April 30, 2013

State legislature poised to pass fewer changes to DUI laws

2013-05-03T23:14:25Z

Washington state legislators are slowing down on passing some changes to DUI laws in proposed legislation that some saw as too ambitious. The decision came only a week after the bill was introduced as the "most aggressive" drunk driving legislation in state history. It contained a provision prohibiting anyone with three DUI convictions from consuming alcohol for 10 years, which lawmakers are now dropping. Lawmakers crafted the tough bill in response to two fatal DUI crashes in Seattle.

However, law enforcement officials complained that some of the stricter provisions of the proposed bill were too costly to implement or ineffective. Consequently, lawmakers decided to slow down on implementing some planned changes and eliminated several elements. Along with the alcohol ban, they dropped an alternative to prison involving a statewide sobriety program. Lawmakers also slowed down on a provision that would require vehicles impounded during DUI arrests to be equipped with ignition-interlock devices before being returned to the owner. The revised bill only requires cars owned by people with previous DUI convictions to have it installed within 10 days after the arrest.

]]> Some state senators say their version will still include charging fourth DUI offenses as felonies instead of the current fifth. Regardless, even the narrower changes in the revised bill mean more serious consequences. For instance, it can cost thousands of dollars to have an ignition interlock device installed on a vehicle.

Many people are unaware a drunk driving charge actually requires two defenses. One is to defend against the loss of driving privileges while the other is to defend against the criminal charges. An experienced DUI lawyer may help with both.

Source: The Seattle Times, "Lawmakers slow down on DUI proposal," Brian Rosenthal, April 24, 2013

US Supreme Court rules warrants usually needed for blood draws in DUI cases

2013-05-02T22:54:49Z

When Washington residents are pulled over under the suspicion that they are driving under the influence of alcohol, it is critical to be aware of their rights to ensure the police do not overstep their bounds. The Fourth Amendment of the U.S. Constitution limits law enforcement officers from performing unreasonable searches and seizures without first obtaining a warrant.

]]> Recently, the U.S. Supreme Court issued a decision in a case involving a suspected drunk driver and his Fourth Amendment rights. The driver involved in the case was pulled over in Missouri. When he refused a breath test, the law enforcement officer who had made the traffic stop arrested him. Rather than taking the man straight to jail, the police officer first stopped at a local hospital. While at the hospital, the officer instructed a phlebotomist to draw a sample of the driver's blood, although the driver had refused a blood test.

Although the driver argued the officer had sufficient time to obtain a warrant, the police officer did not make efforts to obtain one before ordering the blood draw at the hospital. The officer explained his actions, indicating he was under the impression that he was not required to obtain a warrant under such circumstances.

The majority of the high court ruled that in most cases, a warrant ought to be obtained before ordering a blood draw in suspected DUI cases. Justice Sotomayor, writing for the majority, indicated that on a "case-by-case" basis, an officer may determine that he or she will not have enough time to get a warrant, as alcohol dissipates in the bloodstream over time. In such situations, however, the officer will have to be able to explain in court why he or she determined not to pursue a warrant.

Source: NPR, "Supreme Court Backs Warrants For Blood Tests In DUI Cases," Nina Totenberg, April 17, 2013.

Man allowed to drive after being convicted of two DUI deaths

2013-05-01T11:23:52Z

A Washington man is being allowed to drive following a recent ruling after a prior conviction for drunk driving. The man is allegedly responsible for causing the deaths of two people when he was driving under the influence in 1997. The Quincy man was alleged to have been driving drunk on April 10 when he was seen speeding on state Route 281 and Road 5 Northwest. Nevertheless, the recent ruling by Grant Superior Court will allow the man to drive to and from work. He will be allowed to drive as long as he is not involved with any crimes.

The man was convicted of two counts of vehicular homicide in 1998. That crash occurred when the car that he was driving crossed the center line and hit a Honda Accord, killing two Pierce County residents. He had a blood alcohol level of 0.124. In this most recent case, his attorney argued that his prior conviction had occurred more than one decade ago. He also made the case that the man needed to drive to be able to continue working. His bail was set at $50,000, and he has been released from custody.

]]> It is clear in this case that the man received a lighter sentence due to the argument that his attorney made on his behalf. Multiple DUI charges often carry tough penalties. A person who faces multiple DUI charges can benefit from the advice and advocacy of criminal defense lawyers. Attorneys may help to seek reduced sentences and other allowances for their clients. They may also help clients to understand the legal process and what to expect in court.

Source: iFIBER One News, "Man convicted of two DUI deaths is allowed to drive again," Cameron Probert, April 25, 2013

Western Washington Man Arrested for DUI Two Times in 24 Hours

2013-04-25T17:07:58Z

In a recent DUI case, a 54 year old man from Silverdale was allegedly arrested two times in 24 hours. The driver was alleged to have hit several vehicles on April 5. He was arrested on April 5 and then brought to a local hospital. His blood alcohol level was recorded as being 0.26.

The man was treated at the hospital because his blood-alcohol level was too high for him to stay at the jail. The upper limit for jail is 0.25. He was treated at the hospital and then was released. His car was impounded for at least 12 hours.

]]> After leaving the hospital, he was alleged to have caused two more accidents on April 6 in Bremerton. Around 2:40 pm on April 6, Bremerton officers were called to the Harborside garage. Witnesses had reported seeing a vehicle strike a parked car. The driver had apparently fled the scene. A few minutes later, officers responded to a collision nearby.

It turned out to be the same man who had been arrested on April 5 for a DUI. In addition to the two recent DUI charges, this same man had been charged with DUI in 2009 and in 1992.

A person like this man, who had a history of DUI charges in addition to two new charges within 24 hours, will face a tough challenge in court. An attorney, especially one with experience in DUI cases, may be able to provide valuable advice and support to someone facing serious DUI charges. With the help of an attorney, it is possible that this person could arrange for a plea bargain or a reduced sentence.

Source: Kitsap Sun, "Silverdale man arrested twice in 24 hours for DUI," April 17, 2013
Source: King5.com, "Silverdale man arrested for DUI twice in 24 Hours," April 17, 2013

Washington man charged with DUI in family pedestrian crash

2013-04-22T18:47:53Z

A man was accused of driving drunk in connection with an accident in which he struck a family who was crossing a street in Seattle. While DUI cases often involve crashes with other cars, bicyclists and pedestrians, it is unusual for one driver to kill or injure several members of the same family. However, this 50-year-old is accused of killing a man and his wife as well as injuring their daughter-in-law and the woman's infant son.

The driver is accused of driving with a blood alcohol percentage of .22 at the time of the accident. The two victims were a husband and wife who were retired teachers and had just moved to Seattle. Their 33-year-old daughter-in-law and her infant were critically injured in the crash. The accused man is being held in jail at $2.5 million and could face up to 19 years in prison if convicted on all counts.

]]> It is very important for drivers who are suspected of causing an accident while under the influence of drugs or alcohol be given the opportunity to present a defense and to examine all the evidence available in their cases. There have been situations in which blood samples have been mixed up and other mistakes have caused people to be wrongfully convicted. On the other hand, if a person does indeed have a high blood alcohol content, he or she may want to negotiate a plea that could greatly reduce jail time, fines or both.

A DUI defense attorney may be able to help someone accused of DUI with all of these important tasks. A criminal defense attorney may also be able to help the accused person negotiate for a shorter sentence if necessary.

Source: The Wenatchee World, "Arraignment for man in deadly Seattle DUI accident," April 11, 2013.

Domestic violence bills make way into legislature

2013-04-20T14:33:22Z

Washington law makers might be keeping an eye on two bills in Maine that encourage domestic violence safety for women trapped in abusive marriages. The bill's sponsor worked as a social worker for more than 20 years where she also obtained experience working with domestic violence cases. The bills waive fees for divorce filings and relax divorce requirements for these women.

The first bill eliminates the six-month minimum residency requirement for domestic violence victims filing for divorce. This time frame helps establish the state's legal jurisdiction in a case; however, victims of domestic violence would need to meet this requirement if the bill is passed. While most states enforce residency requirements when filing for divorce, Washington does not. One opponent expressed concerns that people might run to Maine for quick marriage dissolutions.

]]> A supporter of the bill admitted that victims of domestic violence often escape their abusers by going to other states. Legal delays in divorce can place them and any children involved in increased danger. A quick divorce might help improve their safety.

The other bill waives the $120 divorce fee assessed by Maine courts for domestic violence victims. However, the courts already often reduce or dismiss fees for those with limited incomes. One of the struggles for women who leave their partners is financial considerations as they worry about where they will live and what they will eat.

While the bills support the rights of domestic violence victims, those accused of crimes may not receive the same treatment. A criminal defense attorney might be able to ensure that clients receive fair legal treatment.

Source: Bangor Daily News, "Bills easing divorce process for domestic violence victims introduced to lawmakers," Christopher Cousins, April 4, 2013

58-year-old woman killed in Seattle head-on crash

2013-04-18T14:30:59Z

The 25-year-old driver of an SUV who was allegedly intoxicated drove the wrong way on a Seattle freeway and killed a 58-year-old woman driving a car in a head-on collision. She had to be cut from her vehicle and passed away later at a medical facility. The driver of the SUV was taken to a medical facility and reported to be in satisfactory condition although he broke his ankle. He was taken into custody on charges of vehicular homicide.

The accused man also faces drunk driving charges from a Dec. 2012 accident. His blood-alcohol level registered .18 percent, more than two times the legal limit. He was not in custody and told not to drink alcohol. However, the authorities do not think he was in compliance at the time of the wreck. They are uncertain how he drove the wrong way and speculate that he may have made a U-turn or gotten on the bridge driving the wrong direction.

]]> The victim normally took public transportation to the job where she had been employed for 32 years. However, she planned to visit a friend on her way home from work, so drove that day.

The accident came just days on the heels of another tragedy when a couple was killed and a mother and baby seriously injured. The state is looking at increasing penalties for DUI crimes after the incident and may implement changes in the next few weeks before the legislative session ends.

When someone is accused of driving while impaired, they can face serious consequences. A criminal defense attorney might be able to convince the prosecution that their client should attend alcohol treatment instead of serving a harsher sentence.

Source: Seattle Times, "DUI again? Wrong-way crash kills Seattle woman," Sara Jean Green, April 4, 2013

Motorist with 5 prior DUIs kills couple, injures 2 more

2013-04-12T15:14:16Z

On Mach 25, a 50-year-old, Washington man allegedly plowed his vehicle into a family taking a walk together through a neighborhood, killing one couple and seriously injuring a 33-year-old mother and her 12-year-old son. The man had two prior drunk driving offenses, one in Seattle and another in Snohomish County. The judges permitted him to drive only if he installed an ignition interlock device in his vehicle, which he failed to do.

At the time of his arrest, the man was driving on a suspended license, smelled of alcohol, did not pass field sobriety tests and registered a blood-alcohol level of .22 percent. The judge ordered a $2.5 million bail on suspicion of vehicular homicide and vehicular assault.

]]> The man has been given numerous opportunities to straighten out his life. His ex-wife filed for divorce once at least nine years ago, later changed her mind, and took him back, only to go through the process for a final time five years later. His employer helped him through substance abuse treatment, but he eventually quit going to work, so they fired him.

The accused man claimed he had one drink and didn't see the walkers because of the angle of the sun. He has been taken into custody on at least five occasions in the state for DUI, with three offenses in 1990, 1991 and 1994. His two most recent arrests occurred on Oct. 8 and Dec. 25, 2012.

When someone with an extensive history of DUI charges is arrested, they can face enhanced penalties. A criminal defense attorney might be able to help protect the constitutional rights of clients.

Source: Yakima Herald, "Driver in fatal crash had string of DUI arrests," Mike Carter and Sara Jean Green, March 28, 2013

Okanogan County plans to start new DUI court

2013-04-10T20:12:09Z

Okanogan County plans to start DUI Court that offers DUI offenders alcohol counseling and treatment for subsequent offenses instead of just arresting offenders and placing them in custody. Depending on the circumstances, the person could choose to attend or be court-ordered to participate. The county hopes to begin the new court for DUI cases in October.

According to the Department of Social and Health Services, the county has the dubious distinction of some of the highest rates for substance abuse-related deaths and traffic deaths, which was a motivating factor behind starting a DUI court. Participants will attend mandated treatment, keep a job or volunteer, submit to regular substance abuse testing, go to court weekly and submit to home visits at any time.

]]> Statistics further show that as of 2012, about 14 percent of all deaths in the county are related to substance abuse, and about 54 percent of traffic deaths are due to alcohol. Other Washington counties are also offering DUI court.

Nine county employees have gone to national DUI training in California and they will attend DUI court in Spokane to model the new program after the one already established. They found a grant from the Washington Traffic and Safety Commission that helped pay for the training.

In addition to DUI arrests, the county also has a high number of offenders with subsequent DUIs. During a recent year-long period, nearly 25 percent of all offenders were arrested for a subsequent DUI. In addition to traffic-related charges, DUI offenders often are involved in domestic violence disputes.

For those convicted of driving while impaired, the new DUI court might help them overcome any drinking problems they face. A criminal defense attorney might be able to negotiate treatment for a client so they might not need to serve time in custody.

Source: The Arizona Daily Sun, "Okanogan County looks to DUI court to improve alcohol-related death rate," K.C. Mehaffey, March 29, 2013

Ex-boyfriend accused former tennis star of stalking

2013-04-05T18:51:20Z

Former tennis star Jennifer Capriati has been charged with misdemeanor battery and stalking due to events dating back to a break-up with her boyfriend in February 2012. In August 2012, the man sought a no-contact order that was denied.

There are a number of allegations against Capriati, including a claim that she assaulted her ex-boyfriend at a gym in North Palm Beach on Valentine's Day. Witnesses allege that Capriati entered the gym, provoked an argument and that the argument turned physical. Police also allege that the tennis player also sent 283 text messages to her former partner from Christmas Day through Jan. 8, 2013.

]]> On Twitter, Capriati claims that she has faced some difficulties as a result of no longer being able to play tennis. The former Olympian and Grand Slam winner announced that she has contracted Lyme Disease and is, therefore, dealing with physical pain that keeps her from the sport. Capriati and her attorney both deny the allegations. It has been announced that she intends to plead not guilty.

Washington residents who believe themselves to be in danger from a relative or former partner are able to file for domestic violence restraining orders. When a person has been served with a no-contact order, there may be serious consequences for violating it, regardless of whether there is a factual basis for the original allegations. It is a crime to contact a person who has a no-contact order for any reason. A criminal defense attorney may be able to help vacate restraining orders that have been placed, which could help those accused of domestic violence crimes avoid additional contempt of court charges.

Source: Orlando Sentinel, "Former tennis star Jennifer Capriati charged with battery, stalking," Brett Clarkson, March 21, 2013

Football player not penalized despite guilt in refusing breath test

2013-04-03T18:48:23Z

On March 19, a professional football player was found not guilty in a DUI trial in federal court; however, residents of the state of Washington may have heard that he was found guilty of failing to comply with the implied consent law although he was not punished for his actions. The man faced federal drunk driving charges because he attempted to drive through a security gate onto an army base. He did, however, refuse to take the a breathalyzer test.

Authorities detained the man after they noticed his erratic driving at a sobriety check point. The player was taken into custody on July 20 for the alleged incident and submitted to three field sobriety tests under the observation of military police. Once in custody, he did not agree to a breath test.

]]> The magistrate who ruled on the proceedings felt that there could be another explanation for the player's erratic driving. The judge also questioned the witnesses' statements regarding the accused's performance on the field sobriety tests. The man wrote on his implied consent form that he had refused to take the breathalyzer test because he had passed the other field sobriety tests police had administered.

The accused man did not testify and made no comment on the case. His attorney expressed the man's desire to move ahead with his life.

After the defendant was accused of DUI, his criminal defense attorney successfully raised questions regarding the man's driving and the results of the field sobriety tests. An attorney in Vancouver, Washington, might be able to fight to keep evidence out of a trial or try to cast doubt on the prosecution's case so that the court will enter a finding of not guilty for a client.

Source: WLFI, "Correction: Titans-Britt Story," Teresa M. Walker, March 20, 2013