Aggressive police tactics lead to increase in innocent motorists being charged with drunk driving.
There has been an increase in the numbers of sober drivers being falsely charged with driving under the influence across the United States. Despite laws that establish a blood alcohol content for intoxication at .08%, law enforcement agencies in several states, Ohio in particular, have adopted a zero tolerance position on alcohol. Both Maryland and the District of Columbia have criminal drunk driving penalties for motorists with a BAC under the legal limit. Drunk driving is a serious issue though the effort to make the streets safer has lead to many innocent drivers being caught up in a legal nightmare.
A man from Corvallis, Oregon is one such case. Brian Noakes was charged with suspicion of Oregon DUII after a traffic stop for having bloodshot eyes. He explained that he had a cold though the police officer was convinced that he was driving under the influence. While being arrested, Noakes wife asked what was happening and police threatened to Taser her. A breath test showed that Noakes had no alcohol in his system and a urine test came back negative for drugs. The district attorney declined to prosecute the case though Noakes will continue to have a permanent arrest record for drunk driving.
Washington, like several other states, does not allow arrests for traffic offenses, including driving under the influence, to be removed or expunged from a person’s record. That means that even if a defendant is found innocent or never formally charged, he or she could suffer the consequences of a false arrest for the rest of their life. Noakes’ arrest, in fact, cost him his job.
Noakes is suing the city of Corvallis and David Cox, the arresting police officer, for violation of his civil rights and false arrest. He also wants an unspecified amount of money for reimbursement of legal fees and damages. An internal police investigation found that the arrest was unlawful and the threats were improper. It was also determined that Cox had a known pattern of unjustified DUI arrests of motorists who were not legally intoxicated. Those arrests helped earn Cox praise for being one of the top DUI enforcers. He has since resigned from the force and left the state.
The pattern of false arrests for suspicion of driving while intoxicated is not limited to one state or one jurisdiction. More than 150 arrests for drunk driving in Cook County - Chicago were dismissed after a single officer was indicted for felony perjury for falsifying arrest reports. A motorist was accused of Arizona DWI because of what the officer described as slurred speech, when the defendant had actually just had denture work performed. A blood test showed a BAC of .22. Even without evidence of intoxication, the prosecutor filed three felony charges and the defendant eventually spent $12,000 in legal fees to defend herself.
Last year the National Highway Traffic Safety Administration, with input from the American Beverage Institute, updated its anti-drunk driving slogan to ‘Over the limit. Under arrest’ in effort to acknowledge that one can engage in responsible social drinking and legally drive after. Texas however clings to the old slogan ‘Drink. Drive. Go to Jail.’, leading an Austin DWI attorney to note that a percentage of his clients were not legally drunk at the time of their arrest.
For information on your DUI, please contact our Snohomish, King, Island or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Sunday, December 13, 2009
Texting More Dangerous than Driving Under the Influence
A study conducted by ‘Car and Driver’ shows that texting while driving is significantly more dangerous than driving under the influence of alcohol drugs. Drivers texting messages are 3-4 times slower than drunk drivers to apply brakes to avoid a collision.
Previous studies conducted in vehicle simulators have shown that texting impairs a driver’s skills. Car and Driver decided to conduct a study in actual vehicles and directly compare reaction times of those texting with those under the influence of alcohol. Using an airfield taxiway, drivers were required to react to a light mounted at eye-level on the windshield, simulating brake lights of an advance vehicle. Vehicle speed, brake pedal position and steering angle were all monitored, and baselines for the test were established. Data was collected as drivers responded to the dash light five times, with the slowest reaction time being dropped. First the drivers performed the test while texting. They then consumed alcohol until their blood alcohol content registered .08%, the legal limit for intoxication in most states, and repeated the test without cell phones.
In one set of results, a driver’s response time while texting nearly tripled his baseline response. The extra reaction time while impaired was only .04 second more than his baseline. At 70 miles per hour, the subject’s vehicle traveled an additional 319 feet while texting, and 17 extra feet while impaired by alcohol.
A prominent national insurance provider estimates that 20% of drivers regularly send text messages or emails while driving.
For information on your DUI, please contact our Snohomish, King, Island or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Previous studies conducted in vehicle simulators have shown that texting impairs a driver’s skills. Car and Driver decided to conduct a study in actual vehicles and directly compare reaction times of those texting with those under the influence of alcohol. Using an airfield taxiway, drivers were required to react to a light mounted at eye-level on the windshield, simulating brake lights of an advance vehicle. Vehicle speed, brake pedal position and steering angle were all monitored, and baselines for the test were established. Data was collected as drivers responded to the dash light five times, with the slowest reaction time being dropped. First the drivers performed the test while texting. They then consumed alcohol until their blood alcohol content registered .08%, the legal limit for intoxication in most states, and repeated the test without cell phones.
In one set of results, a driver’s response time while texting nearly tripled his baseline response. The extra reaction time while impaired was only .04 second more than his baseline. At 70 miles per hour, the subject’s vehicle traveled an additional 319 feet while texting, and 17 extra feet while impaired by alcohol.
A prominent national insurance provider estimates that 20% of drivers regularly send text messages or emails while driving.
For information on your DUI, please contact our Snohomish, King, Island or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Sign of things to come for DUI charges?
This article is out of Hawaii but it begs the question, is this the sign of things to come in Washington State? Perhaps it is - we'll see. The one thing we do know is that politicians and law enforcement will continue to fight against drunk driving and whatever they can do deter the behavior, they will try. Be careful out there!
HONOLULU —
Mug shots of drunken driving suspects are landing on the Honolulu Police Department's Web site, creating a virtual wall of shame long before suspects get their day in court.
Supporters say the experiment in public humiliation to be launched Wednesday should be used elsewhere in the nation if it reduces the number of drunks on the road.
Critics counter the photo gallery is a heavy-handed tactic that threatens to violate constitutional rights and stain reputations without court convictions.
"We're not trying to embarrass anybody," said police Maj. Thomas Nitta, head of the traffic division. "This is public record, and we want people to be aware of this."
Defense attorneys doubt the strategy will stop intoxicated drivers from getting behind the wheel.
"There's no empirical data to show it does anything other than embarrass them," said attorney Pat McPherson, who handles hundreds of DUI cases a year. "There may be a good intent here, but it doesn't necessarily make it a good thing and really opens the police up to liability."
Arrest records and photos are considered to be public records and have been published in newspapers and shown on TV for decades. The Honolulu program is different, however, because the police themselves are publicizing the images.
Recently released DUI mug shots in Hawaii include lawmakers and several stars of the ABC drama "Lost," which is filmed in the state.
Only a few other law enforcement agencies across the country post DUI mug shots on their Web sites. Arizona's Maricopa County waits until suspects are convicted before posting their photos. Jails in Denton, Texas, and Gwinnett County, Ga., link pictures to the names of suspects listed online for all crimes.
"I don't think people really think about that when they drink and then drive," said Officer Ryan Grelle, a spokesman for the Denton Police Department. "Their thought process is gone because of the alcohol."
Mothers Against Drunk Driving said it hasn't found any research on whether posting online photos of suspected drunken drivers would reduce offenses. It said an estimated 11,773 people died in drunken driving crashes in the U.S. in 2008.
"Based on the success or lack of success in Honolulu, other law enforcement agencies across the country could do the same thing," said Debbie Weir, chief operating officer of Dallas-based MADD. "Hopefully it will make a difference and we can learn some lessons from it."
Honolulu police arrest more than 80 people a week for investigation of drunken driving, said Nitta, who believes the cost of the online program will be minimal because it will be added to the routine duties of an officer in his unit.
At 10 a.m. each Wednesday, the photos of those arrested in the previous week will be posted for 24 hours under the headline, "Oahu's Drunk Drivers." After six months, the department will evaluate the results of the program.
The American Civil Liberties Union said the effort could violate constitutionally guaranteed due process rights.
"The police frequently arrest people who do not deserve to be arrested, and in today's Internet environment having your picture posted on a Web site is something that can stick with you for the rest of your life," said Jay Stanley, public education director for the ACLU's technology and liberty program.
McPherson said the program could also raise sticky questions if police faced the possibility of posting the photo of an arrested undercover officer or member of a witness protection program.
Barnett Lotstein, special assistant attorney for Maricopa County, which includes Phoenix, said posting mug shots after convictions has had an impact.
"If you commit this kind of offense, it's not going to be a secret," he said.
For information on your DUI, please contact our Snohomish, King, Island or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
HONOLULU —
Mug shots of drunken driving suspects are landing on the Honolulu Police Department's Web site, creating a virtual wall of shame long before suspects get their day in court.
Supporters say the experiment in public humiliation to be launched Wednesday should be used elsewhere in the nation if it reduces the number of drunks on the road.
Critics counter the photo gallery is a heavy-handed tactic that threatens to violate constitutional rights and stain reputations without court convictions.
"We're not trying to embarrass anybody," said police Maj. Thomas Nitta, head of the traffic division. "This is public record, and we want people to be aware of this."
Defense attorneys doubt the strategy will stop intoxicated drivers from getting behind the wheel.
"There's no empirical data to show it does anything other than embarrass them," said attorney Pat McPherson, who handles hundreds of DUI cases a year. "There may be a good intent here, but it doesn't necessarily make it a good thing and really opens the police up to liability."
Arrest records and photos are considered to be public records and have been published in newspapers and shown on TV for decades. The Honolulu program is different, however, because the police themselves are publicizing the images.
Recently released DUI mug shots in Hawaii include lawmakers and several stars of the ABC drama "Lost," which is filmed in the state.
Only a few other law enforcement agencies across the country post DUI mug shots on their Web sites. Arizona's Maricopa County waits until suspects are convicted before posting their photos. Jails in Denton, Texas, and Gwinnett County, Ga., link pictures to the names of suspects listed online for all crimes.
"I don't think people really think about that when they drink and then drive," said Officer Ryan Grelle, a spokesman for the Denton Police Department. "Their thought process is gone because of the alcohol."
Mothers Against Drunk Driving said it hasn't found any research on whether posting online photos of suspected drunken drivers would reduce offenses. It said an estimated 11,773 people died in drunken driving crashes in the U.S. in 2008.
"Based on the success or lack of success in Honolulu, other law enforcement agencies across the country could do the same thing," said Debbie Weir, chief operating officer of Dallas-based MADD. "Hopefully it will make a difference and we can learn some lessons from it."
Honolulu police arrest more than 80 people a week for investigation of drunken driving, said Nitta, who believes the cost of the online program will be minimal because it will be added to the routine duties of an officer in his unit.
At 10 a.m. each Wednesday, the photos of those arrested in the previous week will be posted for 24 hours under the headline, "Oahu's Drunk Drivers." After six months, the department will evaluate the results of the program.
The American Civil Liberties Union said the effort could violate constitutionally guaranteed due process rights.
"The police frequently arrest people who do not deserve to be arrested, and in today's Internet environment having your picture posted on a Web site is something that can stick with you for the rest of your life," said Jay Stanley, public education director for the ACLU's technology and liberty program.
McPherson said the program could also raise sticky questions if police faced the possibility of posting the photo of an arrested undercover officer or member of a witness protection program.
Barnett Lotstein, special assistant attorney for Maricopa County, which includes Phoenix, said posting mug shots after convictions has had an impact.
"If you commit this kind of offense, it's not going to be a secret," he said.
For information on your DUI, please contact our Snohomish, King, Island or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Trooper injured in collision with suspected DUI driver
**from the Seattle Times**
A State Patrol trooper suffered minor injuries yesterday afternoon when her patrol car was struck by a pickup driven by a suspected DUI driver in Federal Way, according to the State Patrol. The trooper, Stephanie Bjorkman, 31, was treated and later released from St Francis Hospital.
For more information on this story check out this website:
http://seattletimes.nwsource.com/html/theblotter/2010382530_crossover_dui_collision_injure.html
For information on your DUI, please contact our Snohomish, King, Island or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
A State Patrol trooper suffered minor injuries yesterday afternoon when her patrol car was struck by a pickup driven by a suspected DUI driver in Federal Way, according to the State Patrol. The trooper, Stephanie Bjorkman, 31, was treated and later released from St Francis Hospital.
For more information on this story check out this website:
http://seattletimes.nwsource.com/html/theblotter/2010382530_crossover_dui_collision_injure.html
For information on your DUI, please contact our Snohomish, King, Island or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Off-duty officer injured in collision with suspected DUI driver
Just before 3 a.m. this morning, an off-duty Seattle police officer on his way to work was involved in a traffic collision with a suspected impaired driver in the intersection of East Pine Street and Boylston Avenue.
The officer was driving east on Pine when the other vehicle, heading west on Pine, turned in front of the officer's car. The officer was treated at the scene by Seattle Fire Department medics and then taken to a hospital for evaluation of a sore neck and hand.
The officer was later released from the hospital. The driver of the other vehicle, 21, was not injured. He was arrested on suspicion of DUI.
For information on your DUI, please contact our Snohomish, King, Island or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
The officer was driving east on Pine when the other vehicle, heading west on Pine, turned in front of the officer's car. The officer was treated at the scene by Seattle Fire Department medics and then taken to a hospital for evaluation of a sore neck and hand.
The officer was later released from the hospital. The driver of the other vehicle, 21, was not injured. He was arrested on suspicion of DUI.
For information on your DUI, please contact our Snohomish, King, Island or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Friday, December 11, 2009
Snohomish County Medical Examiner Arrives At Deadly DUI Scene Impaired!
Snohomish County, Washington – November 29, 2009. Early Sunday morning, the Washington State Patrol was investigating a deadly drunk driving incident in Marysville, Washington on Highway 9. The car crash claimed the lives of four people which required the assistance of a Snohomish County medical examiner.
The WSP Trooper was shocked when the 48 year old medical examiner arrived at the scene driving a county vehicle with alcohol on his breath. The officer had a discussion with the examiner and then conducted a DUI investigation. He was processed, cited and then was taken to his home. Luckily, the officer detected the examiner’s condition before the examiner could access the crime scene avoiding contamination.
According to Carolyn Sanden, deputy director the of the medical examiner’s office, the eight year veteran examiner was a stellar employee. He is now on paid administrative leave while the investigation continues.
For information on DUI cases in Snohomish County please contact one of our DUI attorneys at 425-493-1115 or check out our website at www.washdui.com
The WSP Trooper was shocked when the 48 year old medical examiner arrived at the scene driving a county vehicle with alcohol on his breath. The officer had a discussion with the examiner and then conducted a DUI investigation. He was processed, cited and then was taken to his home. Luckily, the officer detected the examiner’s condition before the examiner could access the crime scene avoiding contamination.
According to Carolyn Sanden, deputy director the of the medical examiner’s office, the eight year veteran examiner was a stellar employee. He is now on paid administrative leave while the investigation continues.
For information on DUI cases in Snohomish County please contact one of our DUI attorneys at 425-493-1115 or check out our website at www.washdui.com
Skagit and Island Counties - Your 1st Court Appearance
If you have been charged with a DUI in Island County or Skagit County you will be required to appear at both a "preliminary" hearing and an arraignment. Typically, in most every other county, you would simply appear at an arraignment (where you are advised of your rights and enter a plea of not guilty). However, in Island and Skagit Counties you must appear at the preliminary hearing prior to entering a plea (the preliminary hearing is usually the next available court day after your arrest). In such a case the Judge will find probable cause and then set conditions of release. These conditions may be simple such as re-appear at the arraignment or can be as severe as ordering you to wear a SCRAM bracelet (alcohol detection device on your ankle) or even take you into custody (if you have prior DUI convictions this should cause you concern - get an Island County DUI attorney or Skagit County DUI attorney to be with you!).
After your preliminary hearing you'll be ordered back to court for your formal arraignment about two weeks later. If you hire Island County DUI attorney or Skagit County DUI attorney after your preliminary hearing the attorney can "waive" your arraignment - therefore you would not need to appear.
These procedures in both courts are much different than other courts so be sure you consult with a DUI attorney who is familiar with either court. For information on DUI cases in Island County or Skagit County please contact one of our DUI attorneys at 425-493-1115 or check out our website at www.washdui.com
After your preliminary hearing you'll be ordered back to court for your formal arraignment about two weeks later. If you hire Island County DUI attorney or Skagit County DUI attorney after your preliminary hearing the attorney can "waive" your arraignment - therefore you would not need to appear.
These procedures in both courts are much different than other courts so be sure you consult with a DUI attorney who is familiar with either court. For information on DUI cases in Island County or Skagit County please contact one of our DUI attorneys at 425-493-1115 or check out our website at www.washdui.com
The Complete History of DUI is now available on Kindle
I am very proud to announce that my new DUI book, "DUI/DWI: The History of Driving Under the Influence" is now available on Amazon.com's KINDLE. And guess what, it's much cheaper than the actual book! Only $9.99
This book is the only DUI book ever published that outlines the entire history of the DUI process from DUI laws, alcohol and drug history, alcohol and drug treatment history, police history, and so on. A great resource for anyone in law enforcement, the court and legal system.
http://www.amazon.com/DUI-DWI-History-Influence-ebook/dp/B00307S2PU/ref=sr_1_3?ie=UTF8&s=books&qid=1260560815&sr=1-3
For information on DUI cases in Snohomish County, Island County, Skagit County, or King County, please contact one of our DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
This book is the only DUI book ever published that outlines the entire history of the DUI process from DUI laws, alcohol and drug history, alcohol and drug treatment history, police history, and so on. A great resource for anyone in law enforcement, the court and legal system.
http://www.amazon.com/DUI-DWI-History-Influence-ebook/dp/B00307S2PU/ref=sr_1_3?ie=UTF8&s=books&qid=1260560815&sr=1-3
For information on DUI cases in Snohomish County, Island County, Skagit County, or King County, please contact one of our DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Mark Roe Named Interim Prosecuting Attorney in Snohomish County - may affect DUI cases in Snohomish County
Reported By Lynn Thompson
From the Seattle Times Newspaper
The Snohomish County Council on Wednesday named veteran attorney Mark Roe to be interim prosecuting attorney, citing his 22-year experience as a senior deputy prosecutor and the need for continuity in the office.
For more information on this story check out this website:
http://seattletimes.nwsource.com/html/localnews/2010468192_snohomishprosecutor10m.html
For information on how this announcement may affect your DUI case in Snohomish County please contact one of our Snohomish County DUI attorneys at 425-493-1115 or check out our Snohomish County DUI lawyer website at http://www.washdui.com/
From the Seattle Times Newspaper
The Snohomish County Council on Wednesday named veteran attorney Mark Roe to be interim prosecuting attorney, citing his 22-year experience as a senior deputy prosecutor and the need for continuity in the office.
For more information on this story check out this website:
http://seattletimes.nwsource.com/html/localnews/2010468192_snohomishprosecutor10m.html
For information on how this announcement may affect your DUI case in Snohomish County please contact one of our Snohomish County DUI attorneys at 425-493-1115 or check out our Snohomish County DUI lawyer website at http://www.washdui.com/
Thursday, December 10, 2009
DUIs in Island County
If you have been charged with a DUI in Island County you must immediately seek counsel. While it is true that you should talk to an attorney no matter where you are charged, it is even more important if you are charged in Island County. Island County is a tough court to be a defendant in so you need all the help that you can get.
In Island County if you are charged with DUI you can expect no easy amendment from the prosecutor or assistance from the Judges. The only way defendants get results is by hard work by a knowledgeable DUI defense attorney who is familiar with the Judges and more importantly, the local offices. Expect a fight, and be protected. Call an attorney immediately!
For information on DUI defense in Snohomish, Skagit, King or Island Counties please call our office at 425-493-1115 or check out our office at www.washdui.com
In Island County if you are charged with DUI you can expect no easy amendment from the prosecutor or assistance from the Judges. The only way defendants get results is by hard work by a knowledgeable DUI defense attorney who is familiar with the Judges and more importantly, the local offices. Expect a fight, and be protected. Call an attorney immediately!
For information on DUI defense in Snohomish, Skagit, King or Island Counties please call our office at 425-493-1115 or check out our office at www.washdui.com
Pennsylvania Police Arrest Amish Man For DUI in Buggy
Police in central Pennsylvania say they arrested an Amish man on drunk driving charges over the weekend after he was found asleep in his moving buggy.
East Lampeter Township Police say 22-year-old Elmer Stoltzfoos Fisher, of Paradise, was slumped over and asleep in a slow-moving buggy on Sunday night.
An off-duty officer from nearby Quarryville reported seeing the horse pulling the buggy at a walking pace as it straddled the center line.
Police say a breathalyzer test snowed Fisher’s blood-alcohol content was 0.18, more than twice the 0.08 legal limit for drivers.
For information on DUI defense in Snohomish, Skagit, King or Island Counties please call our office at 425-493-1115 or check out our office at www.washdui.com
East Lampeter Township Police say 22-year-old Elmer Stoltzfoos Fisher, of Paradise, was slumped over and asleep in a slow-moving buggy on Sunday night.
An off-duty officer from nearby Quarryville reported seeing the horse pulling the buggy at a walking pace as it straddled the center line.
Police say a breathalyzer test snowed Fisher’s blood-alcohol content was 0.18, more than twice the 0.08 legal limit for drivers.
For information on DUI defense in Snohomish, Skagit, King or Island Counties please call our office at 425-493-1115 or check out our office at www.washdui.com
Wednesday, December 9, 2009
Grant allows county to increase DUI patrols
**From the Mukilteo Beacon**
Snohomish County will receive nearly $70,000 in grant funding to keep local law enforcement cracking down on impaired driving, keeping county roads safer.
The $69,850 grant will help pay overtime between Nov. 28, 2009, and Sept. 6, 2010, during “Drive Hammered – Get Nailed” traffic safety emphasis patrols. Snohomish County routinely joins its counterparts throughout Washington state in the Washington Traffic Safety Commission’s emphasis patrols.
“The purpose of this grant is to remove drinking drivers from our roads,” Snohomish County Executive Aaron Reardon said. “In addition, officers will also be on the lookout for people who speed, drive aggressively or violate other traffic laws.”
Snohomish County law enforcement will be working together in multi-jurisdictional, highly visible forces on roadways that have shown high collision rates, especially during the holidays, to reduce the number of impairment-involved crashes.
In Snohomish County, there were 95 impairment-involved crashes between 2004 and 2008 resulting in 100 deaths. This accounts for just under half of all Snohomish County traffic deaths during the same five-year period (100 of 216).
One out of five impaired, driver-related deaths was a person between 21 and 25 years old. Two out of three deaths occurred between 6 p.m. and 3 a.m., while one-fourth of impaired driver-related deaths occurred on Sunday.
More than half of all impaired, driver-related deaths occurred during weekend hours (6 p.m. Friday through 5:59 a.m. Monday).
Drivers can do their part by planning ahead when out celebrating. Consider taking a taxi or using a designated driver. Drivers that appear to be impaired should be reported by calling 911 with the make, model, direction of travel and license plate number.
More information on Snohomish County DUI cases please contact the Law Firm of David N. Jolly at 425-493-1115 or check out our website at www.washdui.com
Snohomish County will receive nearly $70,000 in grant funding to keep local law enforcement cracking down on impaired driving, keeping county roads safer.
The $69,850 grant will help pay overtime between Nov. 28, 2009, and Sept. 6, 2010, during “Drive Hammered – Get Nailed” traffic safety emphasis patrols. Snohomish County routinely joins its counterparts throughout Washington state in the Washington Traffic Safety Commission’s emphasis patrols.
“The purpose of this grant is to remove drinking drivers from our roads,” Snohomish County Executive Aaron Reardon said. “In addition, officers will also be on the lookout for people who speed, drive aggressively or violate other traffic laws.”
Snohomish County law enforcement will be working together in multi-jurisdictional, highly visible forces on roadways that have shown high collision rates, especially during the holidays, to reduce the number of impairment-involved crashes.
In Snohomish County, there were 95 impairment-involved crashes between 2004 and 2008 resulting in 100 deaths. This accounts for just under half of all Snohomish County traffic deaths during the same five-year period (100 of 216).
One out of five impaired, driver-related deaths was a person between 21 and 25 years old. Two out of three deaths occurred between 6 p.m. and 3 a.m., while one-fourth of impaired driver-related deaths occurred on Sunday.
More than half of all impaired, driver-related deaths occurred during weekend hours (6 p.m. Friday through 5:59 a.m. Monday).
Drivers can do their part by planning ahead when out celebrating. Consider taking a taxi or using a designated driver. Drivers that appear to be impaired should be reported by calling 911 with the make, model, direction of travel and license plate number.
More information on Snohomish County DUI cases please contact the Law Firm of David N. Jolly at 425-493-1115 or check out our website at www.washdui.com
County’s extra patrols prove useful during weekend
**from the Mukilteo Beacon**
Snohomish County’s first DUI emphasis patrols following a $70,000 state grant to pay for overtime nabbed 11 impaired drivers.
Officers from state, county and local law enforcement offices worked nearly 100 overtime hours Saturday, Nov. 28. In addition to stopping 11 impaired drivers, officers made one felony drug arrest, two misdemeanor drug arrests and gave out 46 citations (21 of which were for speeding drivers).
“These highly visible, multi-jurisdictional emphasis patrols are a great success,” Snohomish County Executive Aaron Reardon said. “Extra efforts by our law enforcement to prevent impaired drivers from hitting the roads is always welcome. Traffic safety is one of our highest priorities.
“Sadly, however, less than 24 hours after the start of this patrol, an alleged impaired driver took the lives of four people on Highway 9, north Marysville,” Reardon said. “Our deepest sympathies go to the families of those killed.”
“Since taking this position in 1995, this is the highest number of lives lost in a single alcohol-involved crash in Snohomish County on record,” Tracy McMillan, Snohomish County’s DUI and Target Zero Task Force manager said. “Back in 1998, there was another horrific crash just a half mile from this intersection on Highway 9. It took the lives of five people but it was not alcohol-related.”
In Snohomish County, there were 95 impairment-involved fatal crashes between 2004 and 2008. These crashes resulted in a total of 100 deaths, or an average of 20 deaths per year. This accounts for just under half of all Snohomish County traffic deaths during the five-year period (100 of 216). Exactly one-fourth of impaired driver-related deaths occurred on Sunday.
The purpose of the grant is to remove impaired drivers from roads. Officers also are on the lookout for people who speed, drive aggressively or violate other traffic laws.
“Please do your part by planning ahead if you will be out celebrating. Take a taxi or have a designated driver,” McMillan said. “If you see someone that appears to be driving impaired, please have your passenger call 911 with the make, model, direction of travel, and license plate number.”
More information on Snohomish County DUI cases please contact the Law Firm of David N. Jolly at 425-493-1115 or check out our website at www.washdui.com
Snohomish County’s first DUI emphasis patrols following a $70,000 state grant to pay for overtime nabbed 11 impaired drivers.
Officers from state, county and local law enforcement offices worked nearly 100 overtime hours Saturday, Nov. 28. In addition to stopping 11 impaired drivers, officers made one felony drug arrest, two misdemeanor drug arrests and gave out 46 citations (21 of which were for speeding drivers).
“These highly visible, multi-jurisdictional emphasis patrols are a great success,” Snohomish County Executive Aaron Reardon said. “Extra efforts by our law enforcement to prevent impaired drivers from hitting the roads is always welcome. Traffic safety is one of our highest priorities.
“Sadly, however, less than 24 hours after the start of this patrol, an alleged impaired driver took the lives of four people on Highway 9, north Marysville,” Reardon said. “Our deepest sympathies go to the families of those killed.”
“Since taking this position in 1995, this is the highest number of lives lost in a single alcohol-involved crash in Snohomish County on record,” Tracy McMillan, Snohomish County’s DUI and Target Zero Task Force manager said. “Back in 1998, there was another horrific crash just a half mile from this intersection on Highway 9. It took the lives of five people but it was not alcohol-related.”
In Snohomish County, there were 95 impairment-involved fatal crashes between 2004 and 2008. These crashes resulted in a total of 100 deaths, or an average of 20 deaths per year. This accounts for just under half of all Snohomish County traffic deaths during the five-year period (100 of 216). Exactly one-fourth of impaired driver-related deaths occurred on Sunday.
The purpose of the grant is to remove impaired drivers from roads. Officers also are on the lookout for people who speed, drive aggressively or violate other traffic laws.
“Please do your part by planning ahead if you will be out celebrating. Take a taxi or have a designated driver,” McMillan said. “If you see someone that appears to be driving impaired, please have your passenger call 911 with the make, model, direction of travel, and license plate number.”
More information on Snohomish County DUI cases please contact the Law Firm of David N. Jolly at 425-493-1115 or check out our website at www.washdui.com
DUI Conviction Keeps International Couple Separated
Canada refuses entry to man with prior drunk driving conviction.
Many do not realize that Canada has strict limits on those you can enter the country, even for recreation and tourism. One couple found out the hard way that the restrictions apply to those with a DUI conviction.
David Williams, an American, and Janeane Ardiel, a Canadian, married five months ago and now find themselves limited to meetings at the border. Williams was convicted of driving under the influence 6 years ago. Canada denies entry to those with a felony conviction as well as many with misdemeanor offenses such as reckless driving, theft, drug possession and drunk driving. It does not matter how long ago the offense occurred.
To make matters worse, in July US border agents noticed Ardiel's near weekly visits to the United States and denied her entry because of fears that she would seek to live in the country rather than just visit. She was photographed, fingerprinted and told not to try to enter the US again for six months.
The couple is in the process of seeking a green card for Ardiel, though the process can take six months or longer. Williams can seek to prove 'rehabilitation' for his past DUI arrest but it is not a simple process and he reportedly has more pressing economic priorities at the moment.
In the mean time, the couple meets at the Peace Arch near Blaine Washington, a no-man's land along the international border accessible to both without technically leaving their respective countries.
The information above is very serious and is one of the collateral consequences of a DUI conviction. Let us be your DUI attorneys in Snohomish, King, Skagit or Island Counties. We'll fight hard for you and protect your rights. http://www.washdui.com/
Many do not realize that Canada has strict limits on those you can enter the country, even for recreation and tourism. One couple found out the hard way that the restrictions apply to those with a DUI conviction.
David Williams, an American, and Janeane Ardiel, a Canadian, married five months ago and now find themselves limited to meetings at the border. Williams was convicted of driving under the influence 6 years ago. Canada denies entry to those with a felony conviction as well as many with misdemeanor offenses such as reckless driving, theft, drug possession and drunk driving. It does not matter how long ago the offense occurred.
To make matters worse, in July US border agents noticed Ardiel's near weekly visits to the United States and denied her entry because of fears that she would seek to live in the country rather than just visit. She was photographed, fingerprinted and told not to try to enter the US again for six months.
The couple is in the process of seeking a green card for Ardiel, though the process can take six months or longer. Williams can seek to prove 'rehabilitation' for his past DUI arrest but it is not a simple process and he reportedly has more pressing economic priorities at the moment.
In the mean time, the couple meets at the Peace Arch near Blaine Washington, a no-man's land along the international border accessible to both without technically leaving their respective countries.
The information above is very serious and is one of the collateral consequences of a DUI conviction. Let us be your DUI attorneys in Snohomish, King, Skagit or Island Counties. We'll fight hard for you and protect your rights. http://www.washdui.com/
Tuesday, December 8, 2009
Peculiar Drunk Driving Stories -#3
Two Pennsylvania DUI Arrests in 5 Hours – An unidentified 50-year man was charged with driving under the influence in Lancaster Pennsylvania after causing a minor accident shortly before 11:00 am on a Sunday. He was booked and release to his girlfriend. Just before 4:00 pm he was arrested again for drunk driving after causing a second accident. He was sent to Lancaster County Prison after the second offense.
Two Maryland DUI Arrests in 5 Hours – Jennifer Bowlin was arrested for suspicion of drunk driving in Delaware around 2:15 am after swerving and failing to stop at a stop sign. Five hours after her release the 20-year old seen driving again in Ocean City. Maryland DUI law prohibits a motorist from driving within 12 hours of an arrest for driving under the influence of alcohol. She was booked for second offense MD DUI and held on $25,000 bond.
Two California DUI Arrests in 5 Days – Witnesses helped California police nab a drunk driver twice in five days. A man filling his gas tank saw Jeffery Kaiserman, 60, pull into the gas station and was barely able to stand while exiting his vehicle. A Petaluma motorcycle officer responded to the scene and made an arrest for driving under the influence in California. Five days later a man called 911 after Kaiserman sideswiped his parked vehicle. The man pursued Kaiserman, observing him strike the curb five times and nearly hit two more parked cars. Kaiserman pulled into the parking lot of the Lucky’s store where he was arrested for CA drunk driving and booked at the Sonoma County Jail.
More information on DUI defense in Snohomish, King, Skagit, or Island Counties in Washington State call our DUI office at 425-493-1115. Our DUI attorneys provide free consultations.
Two Maryland DUI Arrests in 5 Hours – Jennifer Bowlin was arrested for suspicion of drunk driving in Delaware around 2:15 am after swerving and failing to stop at a stop sign. Five hours after her release the 20-year old seen driving again in Ocean City. Maryland DUI law prohibits a motorist from driving within 12 hours of an arrest for driving under the influence of alcohol. She was booked for second offense MD DUI and held on $25,000 bond.
Two California DUI Arrests in 5 Days – Witnesses helped California police nab a drunk driver twice in five days. A man filling his gas tank saw Jeffery Kaiserman, 60, pull into the gas station and was barely able to stand while exiting his vehicle. A Petaluma motorcycle officer responded to the scene and made an arrest for driving under the influence in California. Five days later a man called 911 after Kaiserman sideswiped his parked vehicle. The man pursued Kaiserman, observing him strike the curb five times and nearly hit two more parked cars. Kaiserman pulled into the parking lot of the Lucky’s store where he was arrested for CA drunk driving and booked at the Sonoma County Jail.
More information on DUI defense in Snohomish, King, Skagit, or Island Counties in Washington State call our DUI office at 425-493-1115. Our DUI attorneys provide free consultations.
Peculiar Drunk Driving stories -#2
Some more levity:
Lawnmower and an Illinois DUI – Dennis Cretton of Belleville in southwest Illinois had his driver's license revoked for a drunk driving conviction. He though he could get around the situation by taking his yellow riding mower for a drunken spin to a local gas station for beer. He reportedly weaved through traffic and later tried to evade police while cans of Milwaukee's Best beer were spilling out of a 12-pack. Cretton, 49, was arrested for felony aggravated DUI in Illinois.
Lawnmower and a New York DWI – Randy M. Elliot of Conklin was stopped by police for drinking beer while operating a lawn mower on a public roadway. After registering a blood alcohol content of .28, three and a half times the legal limit, the 47-year old was charged with driving while intoxicated in NY.
Ambulance and Texas DWI – Lawrence Eugene Reyes Jr. of Richards took off with an ambulance while paramedics were attending to a patient inside a Bryan hospital. The 25-year old abandoned the ambulance, undamaged, a few miles away and he was apprehended a few hours later. He was booked in the Brazos County jail for public intoxication, theft and evading arrest. Charges of driving while intoxicated in Texas are being considered.
Backhoe and Ohio DUI – Robert Tite was charged with Ohio DUI a few months ago for driving a bulldozer through his neighbors yard. The 57-year old was stopped again for operating a piece of heavy equipment while intoxicated, this time for driving a backhoe into town. He rolled through a stop sign before pulling up in front of a business in the center of Wakeman. Tite, who appeared confused at the time of arrest, failed a field sobriety test and refused to submit to a breath test. He was booked at the Huron County jail for operating a motorized vehicle while intoxicated.
More information on DUI defense in Snohomish, King, Skagit, or Island Counties in Washington State call our DUI office at 425-493-1115.
Lawnmower and an Illinois DUI – Dennis Cretton of Belleville in southwest Illinois had his driver's license revoked for a drunk driving conviction. He though he could get around the situation by taking his yellow riding mower for a drunken spin to a local gas station for beer. He reportedly weaved through traffic and later tried to evade police while cans of Milwaukee's Best beer were spilling out of a 12-pack. Cretton, 49, was arrested for felony aggravated DUI in Illinois.
Lawnmower and a New York DWI – Randy M. Elliot of Conklin was stopped by police for drinking beer while operating a lawn mower on a public roadway. After registering a blood alcohol content of .28, three and a half times the legal limit, the 47-year old was charged with driving while intoxicated in NY.
Ambulance and Texas DWI – Lawrence Eugene Reyes Jr. of Richards took off with an ambulance while paramedics were attending to a patient inside a Bryan hospital. The 25-year old abandoned the ambulance, undamaged, a few miles away and he was apprehended a few hours later. He was booked in the Brazos County jail for public intoxication, theft and evading arrest. Charges of driving while intoxicated in Texas are being considered.
Backhoe and Ohio DUI – Robert Tite was charged with Ohio DUI a few months ago for driving a bulldozer through his neighbors yard. The 57-year old was stopped again for operating a piece of heavy equipment while intoxicated, this time for driving a backhoe into town. He rolled through a stop sign before pulling up in front of a business in the center of Wakeman. Tite, who appeared confused at the time of arrest, failed a field sobriety test and refused to submit to a breath test. He was booked at the Huron County jail for operating a motorized vehicle while intoxicated.
More information on DUI defense in Snohomish, King, Skagit, or Island Counties in Washington State call our DUI office at 425-493-1115.
Peculiar Drunk Driving Stories - #1
Now for a bit of levity:
Police use taser on naked California DUI suspect – Santa Ana police pulled over a man suspected of driving under the influence in California after he struck another car. When the driver refused to put up his hands the police hit him with a stun gun. When the officers moved in for an arrest, they found the man completely naked. The man was taken for drug and alcohol testing.
Naked motorcyclist arrested for Florida DUI – Police followed Dante Kraus early on a Tuesday morning riding down Interstate 75 on his motorcycle completely naked. They finally pulled him over after the 45-year ran exited the highway and ran a red light. Kraus said that he had been drinking a Hooter's restaurant and did not know how he lost his clothes. He was arrested for his fifth suspected DUI in FL.
Indiana DUI suspect sues after police forced catheter into him – An Indiana man stopped for suspicion of impaired driving is suing the police in Lawrenceburg after they forced a catheter into his penis to get a urine sample. Jamie Lockard was stopped for running a stop sign and police conducted a breath test to test for blood alcohol content. The police then obtained a search warrant and took Lockard to a hospital for blood and urine samples. When Lockard said he couldn't provide a urine sample and refused to drink any liquid, the police forcibly held him down and inserted the catheter. In a complaint filed in federal court, Lockard is seeking an unspecified amount of damages and a jury trial.
Nude knocker held on California DUI - Peter Allen Steele is accused of ringing people's doorbells while naked. He was apprehended by San Mateo sheriff's deputies after streaking through a Redwood City home and into the woods. It took a taser and two shots from a bean bag gun to bring down the 6'7", 250 pound suspect. Steele was charged with drunk driving in California, indecent exposure, evading police officers and entering a house without permission.
More information on DUI defense in Snohomish, King, Skagit, or Island Counties in Washington State call our DUI office at 425-493-1115.
Police use taser on naked California DUI suspect – Santa Ana police pulled over a man suspected of driving under the influence in California after he struck another car. When the driver refused to put up his hands the police hit him with a stun gun. When the officers moved in for an arrest, they found the man completely naked. The man was taken for drug and alcohol testing.
Naked motorcyclist arrested for Florida DUI – Police followed Dante Kraus early on a Tuesday morning riding down Interstate 75 on his motorcycle completely naked. They finally pulled him over after the 45-year ran exited the highway and ran a red light. Kraus said that he had been drinking a Hooter's restaurant and did not know how he lost his clothes. He was arrested for his fifth suspected DUI in FL.
Indiana DUI suspect sues after police forced catheter into him – An Indiana man stopped for suspicion of impaired driving is suing the police in Lawrenceburg after they forced a catheter into his penis to get a urine sample. Jamie Lockard was stopped for running a stop sign and police conducted a breath test to test for blood alcohol content. The police then obtained a search warrant and took Lockard to a hospital for blood and urine samples. When Lockard said he couldn't provide a urine sample and refused to drink any liquid, the police forcibly held him down and inserted the catheter. In a complaint filed in federal court, Lockard is seeking an unspecified amount of damages and a jury trial.
Nude knocker held on California DUI - Peter Allen Steele is accused of ringing people's doorbells while naked. He was apprehended by San Mateo sheriff's deputies after streaking through a Redwood City home and into the woods. It took a taser and two shots from a bean bag gun to bring down the 6'7", 250 pound suspect. Steele was charged with drunk driving in California, indecent exposure, evading police officers and entering a house without permission.
More information on DUI defense in Snohomish, King, Skagit, or Island Counties in Washington State call our DUI office at 425-493-1115.
Remembering the Fallen Officers
As a DUI defense attorney my job it is to question evidence and the work of police officers. This is my job, as it is the job of police officers to do what is rightly their work. Fundamentally, we work on either end of the spectrum in the legal field. However, and very importantly, I recognize the difficult role that police officers have and most do a very commendable job. I generally respect their work and them as people. Like me, my clients, and others working in this field, police officers are people who have wives, husbands, parents, and children.
I say this because as I type there is a memorial service taking place in Tacoma, Washington, remembering four very special Lakewood City police officers, namely: Ronald Owens (37 years old), Mark Renninger (39 years old), Greg Richards (42 years old), and Tina Griswold (40 years old).
These fine people tragically lost their lives recently and all leave behind spouses and children. Please remember these lost lives and the very special people they left behind. It could very well have been us.
http://www.washdui.com/
I say this because as I type there is a memorial service taking place in Tacoma, Washington, remembering four very special Lakewood City police officers, namely: Ronald Owens (37 years old), Mark Renninger (39 years old), Greg Richards (42 years old), and Tina Griswold (40 years old).
These fine people tragically lost their lives recently and all leave behind spouses and children. Please remember these lost lives and the very special people they left behind. It could very well have been us.
http://www.washdui.com/
Monday, December 7, 2009
The Toxicology Lab Scandal - Is your breath test valid?
The Washington State Toxicology Lab is the agency in charge of creating the simulator solutions used in the machines that test a person’s breath when they are being investigated for DUI. In 2007 it became known that then lab manager Ann Marie Gordon was not actually testing those solutions even though she signed under penalty of perjury that she was. Those solutions were used to determine breath test results of individuals charged with DUI. As if Ms. Gordon’s misconduct wasn’t bad enough, additional serious protocol and ethical violations were discovered upon further investigation of the lab and its employees. The violations were so abhorrent that attorney across the State challenged the use of these tests in court where the results were clearly suspect. Widespread litigation led to the suppression of the BACs statewide. Most courts have since ruled that the BACs are now admissible, due to corrections in protocol and personnel changes. However, a few select courts in Washington State including, but not limited to the King County District Courts are still unconvinced that the tests are valid. If you provided a BAC sample and are charged with DUI in one of those courts it is imperative that you hire an attorney who understands the BAC suppression ruling and its applicability. Suppressing your BAC can have dramatic beneficial effects on your case, both for court and even the Department of Licensing hearing. To find out if this ruling applies to your case call our office at 425-493-1115 or check us out online at http://www.washdui.com/
Why you MUST have an attorney at a DUI arraignment - for Snohomish, Skagit, Island and King Counties
Every criminal proceeding commences with an arraignment. An arraignment is the State/City’s chance to formally charge you with the accused crime. It is typically a routine appearance where the judge informs the accused of the maximum and minimum penalty for the charge. The court will ask for your plea, which should always be “Not Guilty” at the arraignment and will assign you a subsequent court date. In addition the judge will often impose conditions of release. Conditions of release are the court ordered restrictions you must abide by in order to stay out of jail while the case is pending. The standard conditions of release include:
1) Do not commit any further law violations
2) Do not drive without a valid license and insurance
3) Do not refuse a blood/breath test if asked by an officer
*Do not consume or possess alcohol while the case is pending (sometimes imposed)
In some courts, such as the Seattle Municipal Court, the risk of adverse conditions on your release is high. In addition to the above conditions the court routinely requires that those charged with DUI only drive a vehicle equipped with an Ignition Interlock Device while the case is pending. The court can and does require daily BAC screening especially if this is a second offense. BAC screening requires the accused travel to the court daily to provide a breath test, regardless of where you live or whether or not you are employed. If this is a second DUI offense you should be prepared for the court to require you to post bail at a minimum of 5,000 dollars.
An attorney can help safeguard you from the extensive list of conditions imposed by a Seattle Municipal Court judge or any judge who is noted as hard on DUI defendants. At the very least the attorney can prepare you for what will happen and how to minimize those conditions or request alternative less intrusive monitoring conditions, and help you arrange alcohol screening or obtain the Ignition Interlock Device and can even help you arrange to post bail so that even if the judge orders it you won’t actually spend a minute in jail.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
1) Do not commit any further law violations
2) Do not drive without a valid license and insurance
3) Do not refuse a blood/breath test if asked by an officer
*Do not consume or possess alcohol while the case is pending (sometimes imposed)
In some courts, such as the Seattle Municipal Court, the risk of adverse conditions on your release is high. In addition to the above conditions the court routinely requires that those charged with DUI only drive a vehicle equipped with an Ignition Interlock Device while the case is pending. The court can and does require daily BAC screening especially if this is a second offense. BAC screening requires the accused travel to the court daily to provide a breath test, regardless of where you live or whether or not you are employed. If this is a second DUI offense you should be prepared for the court to require you to post bail at a minimum of 5,000 dollars.
An attorney can help safeguard you from the extensive list of conditions imposed by a Seattle Municipal Court judge or any judge who is noted as hard on DUI defendants. At the very least the attorney can prepare you for what will happen and how to minimize those conditions or request alternative less intrusive monitoring conditions, and help you arrange alcohol screening or obtain the Ignition Interlock Device and can even help you arrange to post bail so that even if the judge orders it you won’t actually spend a minute in jail.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
Tips if an Officer Stops You!
If you ever encounter the unfortunate situation of being stopped by law enforcement after you have been drinking, be sure you act appropriately. You must remember that police officers are consistently looking for DUI drivers and if they smell alcohol on your breath, they will immediately treat you like a DUI suspect.
Here are some quick tips to remember if you have been stopped by an officer after drinking:
DO be polite;
DO NOT admit to anything;
DO NOT do any field sobriety tests;
DO request to speak to an attorney - demand it!;
DO follow the attorney's advice;
DO meet with a DUI attorney after your release.
Following the above advice won't stop an officer from arresting you and probably won't stop you from being charged with DUI, if there is enough evidence. However, it will immediately make your case stronger and improve you chances in court if you are charged with a DUI.
For further information look at the following website: http://www.washdui.com/ or contact me directly at david@davidjollylaw.com
Here are some quick tips to remember if you have been stopped by an officer after drinking:
DO be polite;
DO NOT admit to anything;
DO NOT do any field sobriety tests;
DO request to speak to an attorney - demand it!;
DO follow the attorney's advice;
DO meet with a DUI attorney after your release.
Following the above advice won't stop an officer from arresting you and probably won't stop you from being charged with DUI, if there is enough evidence. However, it will immediately make your case stronger and improve you chances in court if you are charged with a DUI.
For further information look at the following website: http://www.washdui.com/ or contact me directly at david@davidjollylaw.com
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