Archives : 2011 : October

1. Washington DUI Caselaw Summary – State v. Harvey (October 2011)

   Oct 31, 2011 —

   Happy Halloween.  Today we have some not so good soup from Division I of the Court of Appeals. This unpublished vehicular homicide case holds no authority and may not be cited by attorneys but it does help us understand what interpretation the Court of Appeals will use when confronted by issues that are brewing in … [More]

2. Man Found with Methamphetamine, Convicted of DUI Loses Appeal – State v Fenwick

   Oct 28, 2011 —

   The Fourth Amendment to the Constitution protects people in America from unreasonable searches and our State of Washington has even higher protections under our State’s privacy clause (Article I Section 7). In practice, this means that law enforcement cannot conduct a search of an individual’s home, belongings, property, or vehicle without having probable cause to … [More]

3. Washington DUI Caselaw Summary – State v. Eriksen (September 2011)

   Oct 23, 2011 —

   The Washington State Supreme Court considered whether a tribal officer observing a traffic infraction on the Lummi Reservation could stop a driver outside the reservation.  The answer here is “no.” Ms. Eriksen was observed driving with bright lights on, crossing the center line and almost striking the officers car.  Once the Lummi Police Officer stopped … [More]

4. Washington DUI Caselaw Summary – State v. Fenwick (October 2011)

   Oct 22, 2011 —

   “Counsel, I’m going to strike your request for a 3.6 hearing.”  The dreaded words enter the ears of DUI defense attorneys across the State of Washington.  The DUI defendant looses their right to challenge the admission all evidence found in the car following the arrest for DUI. The warrantless search that was supposedly “incident to … [More]

5. Washington DUI Caselaw Summary – State v. Weber (February 2011)

   Oct 21, 2011 —

   Division III of the Court of Appeals goes on record to narrow the definition of pretext stops by law enforcement.  Pretext stops occur when a police officer stops a car in order to investigate criminal activity and not for the falsely stated purpose of enforcing the traffic code.  Courts suppress all evidence following a stop … [More]

6. Washington DUI Caselaw Summary – State v. Berger (March 2011)

   Oct 20, 2011 —

   The Third Division of the Court of Appeals, in this unpublished opinion, shows questionable English interpretation when ruling against Mr. Berger’s argument that he asked for counsel at the time he refused the breath test.  I’m glad they weren’t my English teachers in school. Typically, DUI suspects are arrested and taken to the police precinct … [More]

7. Washington DUI Caselaw Summary – State v. Johnson (April 2011)

   Oct 19, 2011 —

   This unpublished felony DUI case presents some appellate court language on the admissibility of blood evidence of Clonazepam and Oxycodone (no alcohol).  Mr. Johnson argued numerous points but the appellate court ruled that because a toxicologist testified on the topic that the State met its burden.  My summary, we trust the Washington State Toxicology Lab … [More]

8. Washington DUI Caselaw Summary – State v. Jameson (June 2011)

   Oct 18, 2011 —

   In State v. Jameson Division II of the Washington Court of Appeals joins the party of appellate courts deciding how priors in felony DUI cases shall be presented to the jury.  Mr. Jameson argued that the State failed to prove one of his priors and that his defense lawyer failed to fight the introduction of … [More]

9. Washington DUI Caselaw Summary – State v. Yallup (March 2011)

   Oct 17, 2011 —

   The question presented by Elon Yallup in this felony driving under the influence (DUI) case was, can the state enforce the implied consent laws against an enrolled member of the Yakama Nation driving on state highways on the reservation?  The  conclusion is that the implied consent statute is primarily a criminal statute rather than a … [More]

10. Washington DUI Caselaw Summary – State v. Arreola (September 2011)

    Oct 16, 2011 —

    In this Division III case we are reminded that police officers may not use false pretenses to stop a driver for a sniff test (obtain an odor of alcohol).  Typically an officers observation of odor leads the way to field tests, eventually a breath test at the station, and then a DUI charge. The Court … [More]

11. 2011 Washington DUI Caselaw Summary – State v. West (January 2011)

    Oct 15, 2011 —

    This unpublished opinion from Division Two of the Court of Appeals considers what “prior offense” means when a convicted person stands before a sentencing court on a Felony DUI charge.  The court here balanced two statutes that seem to be inconsistent and decided the case to expand the definition of “prior offense.” Under the specific … [More]

12. Ignition Interlocks On All Vehicles In Washington?

    Oct 15, 2011 —

    In the Future, Will Every Driver Have to Be Tested for Alcohol? People who are convicted of Driving Under the Influence (DUI) in the State of Washington are often ordered by courts to install an ignition shutoff apparatus on their vehicles. These ignition interlock systems do not permit a vehicle to be started by its … [More]

13. 2011 Washington DUI Caselaw Summary – State v. O’Grady (August 2011)

    Oct 14, 2011 —

    Mr. Jason O’Grady was convicted of  felony driving under the influence (DUI).  He argued that the information charging him with felony DUI was constitutionally deficient because it did not allege the essential element that he had four prior DUI convictions “within ten years.” He also claimed insufficient evidence supported the felony DUI conviction.  Division I … [More]

14. 2011 Washington DUI Caselaw Summary – State v. Santos (September 2011)

    Oct 12, 2011 —

    In Washington, felony driving under the influence (DUI) requires a showing that the defendant in the courtroom has been convicted of previous DUIs within ten years. The State has the burden to show that the person named in earlier judgments or court documents and the defendant presently sitting in the courtroom is the same person … [More]

15. Seattle Resident Starts New Seattle DUI Police Dashcam Video Website

    Oct 7, 2011 —

    People who have been charged with DUI by Seattle police often try to challenge the legality of their arrests. To do this, they attempt to gather as much information about the incident as possible. One key piece of evidence which is frequently sought is the video footage of the arrest made by the camera mounted … [More]