Archives : 2011 : December

1. New DUI Law Announced For New Years Eve – Bill Aims to Toughen Penalties on Drunk Drivers Who Kill, Injure

   Dec 31, 2011 —

   New Year’s Eve is one of those holidays which is heavily associated with drinking and driving. As a result, law enforcement personnel in and around the Seattle metropolitan area will be out in full force throughout this holiday weekend looking for drunk drivers. Then after 2012 begins, lawmakers will consider a measure to toughen sentences … [More]

2. Washington DUI Caselaw Summary – State v. Russell (April 2011) – Adversarial System?

   Dec 27, 2011 —

   My measuring stick for justice isn’t anything I learned from fancy professors at the University of Washington.  It comes from my brothers and my struggle over dessert.  The rule – one person cuts and the other chooses.  That’s it.  Everything was out in the open and we both got a chance to apply our powers … [More]

3. Washington DUI Caselaw Summary – Lynch v. DOL (July 2011) – Implied Consent Warnings For Commercial Drivers Licenses

   Dec 26, 2011 —

   Division II of the Court of Appeals overturns a superior court decision that the implied consent warnings inaccurately advise those drivers who also hold a commercial drivers licenses (CDL).  A driver is advised by the warning that if they blow over an .08 a 90 day suspension will occur but not that the CDL will … [More]

4. King County Waits A Year To Charge Raheem Brock With DUI

   Dec 23, 2011 —

   As the Seattle Seahawks try to claw their way into the NFL playoffs, one of their players is dealing with an off-the-field distraction.  Raheem Brock has been charged with driving under the influence after his arrest in King County over a year ago. According to police, the defensive end was driving just before 3am on Saturday, November 13, … [More]

5. DUI Patrols Out This Weekend in 1000 Stars Program

   Dec 16, 2011 —

   This weekend will be a popular one for residents, companies, and organizations who are hosting holiday parties. Many of these parties will provide alcohol for their guests, so the potential for impaired drivers on the state’s roadways will be higher than normal. That’s why various police agencies around the state of Washington will participate in … [More]

6. DUI Patrols – Weekend of December 16-18

   Dec 16, 2011 —

   This weekend will be a popular one for residents, companies, and organizations who are hosting holiday parties. Many of these parties will provide alcohol for their guests, so the potential for impaired drivers on the state’s roadways will be higher than normal. That’s why various police agencies around the state of Washington will participate in … [More]

7. Washington DUI Caselaw Summary – State v. Oslakovic (January 2011) – Consecutive Sentences

   Dec 14, 2011 —

   Many DUI defense attorneys have stood in Superior Court and puzzled after receiving the court’s sentence.  The hammer was dropped for a felony charge and then extensive jurisdiction to improve the person was ordered on the gross misdemeanor DUI.  Typically, felonies bring punishment and misdemeanors bring rehabilitation.  But both at the same time?  Most often … [More]

8. Washington DUI Caselaw Summary – Harris v. Charles (May 2011)

   Dec 8, 2011 —

   The Supreme Court of Washington decided that mandating credit for time served on pretrial home detention was not required in misdemeanor courts as it is in felony courts. Such different treatment of misdemeanants than felons was not an equal protection violation. Interestingly, the Supremes reason that mandating the credit in the lower courts would significantly … [More]

9. Liquor Privatization Law Being Fought By Unions And Distributors

   Dec 7, 2011 —

   Last month, the state’s voters approved Initiative 1183 (which became law on Thursday, December 8, 2011) that essentially booted the state out of the liquor sales business. Washington residents are looking forward to having the ability to purchase liquor in grocery stores in June instead of having to make a special trip to state-run liquor … [More]

10. Vehicular Assault DUI With Extreme Injuries Qualifies for Exceptional Sentence; 2011 Washington DUI Caselaw Update

    Dec 2, 2011 —

    For lawyers, State v. Pappas is helpful and clears the fog that was Washington’s definitions of injury levels.   Pappas answers the question of when a sentencing court may impose a sentence beyond that proscribed by the very rigid Sentencing Guidelines.  The discussion in Pappas clarifies how to measure an injury in a DUI vehicular … [More]