Category Archives: 2012 Washington DUI Caselaw Update

1. City Of Auburn Marijuana Conviction (Smoking While Driving)Tossed Out

   Apr 24, 2012 —

   From time to time, you hear about a law in Washington or another state that conflicts with a federal law. One of the most high-profile examples of this is the impending marijuana legalization initiative which will appear on the ballot in the fall. The referendum would designate state-run stores which could sell certain amounts of … [More]

2. Another Drug-Related Conviction Tossed Out Due to Unlawful Auto Search (Snapp)

   Apr 15, 2012 —

   In general, a law enforcement officer is required to obtain a search warrant before conducting a search of a vehicle (unless the owner has given his or her consent to search it). However, there are some exceptions to this rule. Two of them are: when a suspect is not secured while within reaching distance of … [More]

3. Warrantless Vehicle Search During DUI Stop Leads to Charge Dismissal (Tamblyn)

   Apr 9, 2012 —

   There is an old saying: “Snatching victory from the jaws of defeat.” This generally references a sports event where a person or team pulls out a win despite overwhelming odds which indicated that a loss would be the outcome. Similarly, a counterpart to this adage has evolved in more recent years. Today, “Snatching defeat from … [More]

4. Police May Not Search Car Incident To DUI Arrest

   Mar 26, 2012 —

   In State v. Tamblyn, Division Three of the Washington State Court of Appeals, affirms the idea laid out in the now infamous Gant decision,  that the police may not search a drivers car after he or she is arrested for the crime of DUI unless they take the time to get a warrant. The relevant … [More]

5. UPDATE: Spokane Nixes Deal To Rehire Officer Fired for DUI

   Mar 19, 2012 —

   In today’s political climate, there are far too many instances where people in power opt for what is expedient, safe, or predetermined instead of exercising common sense. Politicians usually tend to try and avoid ruffling feathers or making mistakes as opposed to actively protecting the interests of their constituents or standing up for what’s right. … [More]

6. 2012 Washington DUI Caselaw Update – State v. Morales (January 2012) – Implied Consent Warnings

   Jan 28, 2012 —

   Drivers in Washington State have consented, unknowingly, to give a breath or blood sample when an officer has probable cause to arrest for driving under the influence or more serious offenses like vehicular homicide or assault.  But before administering a blood alcohol test of a person suspected of a felony such as vehicular assault, the arresting officer … [More]