Category Archives: Division II of the Washington Court of Appeals

1. New DUI Law Signed By Governor

   Mar 27, 2012 —

   I’ve written on this blog before about the bill making its way through the state legislature that would boost drunk driving penalties in instances where another person is injured or killed. That bill was signed into recently by Governor Chris Gregoire. But House Bill 2443 also had other provisions which would affect the sentencing requirements … [More]

2. 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]

3. 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]

4. Washington DUI Caselaw Summary – State v. Dillion (March 2011)

   Nov 14, 2011 —

   Once an officer flexes his nose and the odor of alcohol enters his sinuses we all know that a detention under Terry v. Ohio commences – Judges, prosecutors and DUI defense attorneys agree.  But, should Miranda warnings be read?  No, is the answer we hear over and over as the Officer conducts his “investigation.”  This … [More]

5. 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]

6. 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]

7. 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]

8. 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]