Category Archives: Felony DUI

1. Washington DUI Caselaw Summary – State v. Cochrane (January 2011) – Notice of Felony

   Jan 4, 2012 —

   A foundational issue of fairness that triggers constitutional protections is notice.  When the government fails to notify a person why they intend to take their liberty most people regardless of their political orientation are offended.  Here the state failed to put Mr. Cochrane on notice of the charge of Felony DUI by omitting language from … [More]

2. 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]

3. 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]

4. 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]

5. 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]