Today our office faced another Department of Licensing problem, ah yes, a daily problem. A client completed her Deferred Prosecution petition and was approved by the court. The court signed off and sent the appropriate form to the DOL. This form registered the deferred prosecution with the DOL so the client could save her license. However, the DOL failed to process it and was to suspend her license tomorrow. Thankfully the client contacted us a day before and we were able to cure a very tricky and unnecessary problem. Thanks DOL.
Monday, January 31, 2011
Anacortes Mt Vernon Burlington Skagit County DUI Attorney: Department of Licensing is Lazy
Today our office faced another Department of Licensing problem, ah yes, a daily problem. A client completed her Deferred Prosecution petition and was approved by the court. The court signed off and sent the appropriate form to the DOL. This form registered the deferred prosecution with the DOL so the client could save her license. However, the DOL failed to process it and was to suspend her license tomorrow. Thankfully the client contacted us a day before and we were able to cure a very tricky and unnecessary problem. Thanks DOL.
Everett Lynnwood Snohomish County DUI Attorney: Department of Licensing lies again
Everett Lynnwood DUI Attorney: Department of Licensing lies again
In the past many months I have spoken to people who have been charged with DUI and who have contacted the Department of Licensing regarding their license hearing and possible suspension. So far so good. However, the problems have begun when the DOL representative opens his or her mouth. In the past 3 months we have been told by more than half a dozen people that the DOL has discouraged the client from applying for the licensing hearing because "you won't win anyway." Wrong - yes. Malpractice - yes. Unforgiveable - yes! The real reason the DOL is discouraging citizens from doing the DOL hearings is because of budget cuts - and fewer DOL officers. Disgusting - once again.
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
The Law Firm of David N. Jolly: Criminal and DUI Defense Attorneys
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Sunday, January 30, 2011
Anacortes Skagit County DUI Attorney: Anacortes Skagit County Blotter
Anacortes Skagit County DUI Attorney: Anacortes Skagit County Blotter
A 51-year-old San Juan County man was arrested after allegedly hitting a woman's car and offering her $100 not to call police.
Police received a report of a hit and run collision in the 1200 block of Commercial Avenue around 2:08 p.m. Thursday, Jan. 20. A woman reported she was northbound on Commercial Avenue when a blue Toyota truck turned onto Commercial from 13th Street and nearly hit her vehicle, causing her to move into the right hand land to avoid a collision. She told officers the truck then drifted out of its land into her lane and collided with the left front fender of her car. The truck then sped off northbound on Commercial Avenue.
The woman reported she followed the truck as it went up and down some side streets and alleys and finally stopped at Seventh Street and Q Avenue.
The male driver told her he did not have insurance and allegedly offered her $100 not to call the police. The woman took a picture of the truck's license plate with her cell phone and called police.
The man retreated into his truck and drove off. Police identified him as a 51-year-old San Juan County man who does not have a driver's license and has outstanding arrest warrants.
Among the other 149 cases handled by Anacortes police during the previous week:
Saturday, Jan. 15
• Officers responded to a complaint of a fight between a brother and sister at a home on Oakes Avenue around 10:06 a.m. The 51-year-old sister reported when she accused her 50-year-old brother and his girlfriend of taking advantage of their mother, he grabbed her neck and pulled her hair. She told officers he and his girlfriend left when they realized the police were called. The officer saw physical evidence at the home confirming the woman's version of the alleged assault. The case was referred to the prosecutor for a charging decision.
• A 20-year-old Anacortes man was arrested for numerous outstanding warrants and on charges of domestic assault, interfering with the reporting of a domestic violence incident and resisting arrest following a 911 call of an assault in Skyline. Officers contacted a 16-year-old girl who claimed her ex-boyfriend accosted her and took her cell phone when she tried to call the police. Officers tracked down the man who also claimed he was assaulted by his ex-girlfriend.
• A man in the 4900 block of Heather Drive reported a teenage boy in a red truck parked in front of his house and walked to the home directly behind his house. The man lost sight of the boy as he walked toward the rear door of the residence. The truck was gone when police arrived but they traced it to a residence a few blocks away. After brief investigation officers learned the boy was trying to meet a girl at the residence.
• A woman at a home on Ninth Street called police to report she had been yelling at and hitting her husband and asked to be arrested. Police arrived at the residence and after talking to the woman and her husband, they were able to oblige her request and arrested her on a charge of domestic assault.
Sunday, Jan. 16
• Neighbors in the 2700 block of Washington Boulevard reported someone is damaging tree foliage and real estate signs in the area. The reporting party believes it is occurring in the early morning hours.
Monday, Jan. 17
• An officer spotted a vehicle with expired license tabs in the 2000 block of Commercial Avenue around 4:50 p.m. and pulled the car over to warn the driver. The driver parked diagonally instead of inside the parking stall. The 23-year-old man driving the car showed signs of intoxication. After failing the voluntary sobriety tests, the man was arrested on a charge of DUI and transported to the station for a breath test.
• A resident in the 1400 block of Ninth Street reported coming home to find the back glass door to his residence was broken and a glass container with change in it was taken. Neighbors described seeing a bike in front of the house earlier in the day and seeing a teenager cut through the yard to get to the alley.
Tuesday, Jan. 18
• A 20-year-old Anacortes man was arrested on six outstanding warrants after police responded to a complaint of noise at an apartment in the 800 block of 30th Street around 1:42 a.m. An officer recognized the man from previous contacts inside the apartment. After initially denying he was there, other occupants of the apartment eventually produced the man for police.
• A motorist reported a DUI on Highway 20 nearing Anacortes around 6:40 p.m. Officers found the truck in question on R Avenue and saw it was speeding and weaving from the center to fog line. The truck was stopped at Ninth Street near Market Street and a 27-year-old Port Orchard man was arrested on a charge of DUI after he failed voluntary field sobriety tests.
• A resident on Fidalgo Bay Road came home to find his house had been broken into but only two containers of change seemed to be missing. Entry was probably gained through an unlocked window.
Three days later, the resident reported more than change was taken. At the time he had not noticed his spare truck keys were gone but when leaving for work Friday morning he found his white 2008 Chevrolet Silvarado truck missing from his driveway. It was recovered Monday after a citizen reported it abandoned.
Wednesday, Jan. 19
• A resident in the 1100 block of K Avenue reported a car stereo was taken from his unlocked car parked on the street overnight.
• A $1,000 40-horsepower Yamaha outboard motor was reported stolen from the Anacortes Yacht Club sometime since Christmas. The motor was mounted on the chase boat that was stored behind the club on a trailer.
Thursday, Jan. 20
• A resident in the 1200 block of Haddon Lane reported sometime overnight an unlocked garage was entered and a small amount of cash and some non-prescription pain killers were taken out of the cars.
• A resident in the 1200 block of 31st Street reported sometime since 10:30 a.m. someone broke into the home and took a 55-inch flat screen TV, a Dell laptop computer, a jewelry box containing two Rolex watches and fine jewelry, and an assortment of wine. Value of items taken was close to $30,000. It appears a window was pried open. The home is adjacent to Storvik Park and police hope someone may have seen the items being removed.
On Saturday officers contacted a juvenile runaway at an apartment close to the victim's home. He was in possession of some of the wine that was taken. The investigation continues.
• A 13-year-old boy sustained minor injuries when he was struck by a car in the intersection of 17th Street and Commercial Avenue around 5:21 p.m. Witnesses told officers the boy was crossing Commercial eastbound, when the car making a right hand turn from 17th Street to go northbound on Commercial hit him.
• A 19-year-old Anacortes man was arrested on a charge of domestic malicious mischief after he reportedly broke a window in his mother's home. His mother told officers her son was upset and was playing with a knife when she left the house. She returned to hear glass breaking.
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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Anacortes Skagit County DUI Attorney: Port Orchard man arrested for DUI in Anacortes Skagit County
Anacortes Skagit County DUI Attorney: Port Orchard man arrested for DUI in Anacortes Skagit County
On January 18th in Anacortes, Skagit County a motorist reported a DUI on Highway 20 nearing Anacortes around 6:40 p.m. Officers found the truck in question on R Avenue and saw it was speeding and weaving from the center to fog line. The truck was stopped at Ninth Street near Market Street in Anacortes and a 27-year-old Port Orchard man was arrested on a charge of DUI in Anacortes after he failed voluntary field sobriety tests.
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
The Law Firm of David N. Jolly: Criminal and DUI Defense Attorneys
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Anacortes Skagit County DUI Attorney: Port Orchard man arrested for DUI in Anacortes Skagit County
Anacortes Skagit County DUI Attorney: Port Orchard man arrested for DUI in Anacortes Skagit County
On January 17th in Anacortes, Skagit County an Anacortes police officer spotted a vehicle with expired license tabs in the 2000 block of Commercial Avenue in Anacortes around 4:50 p.m. and pulled the car over to warn the driver. The driver parked diagonally instead of inside the parking stall. The 23-year-old man driving the car showed signs of intoxication. After failing the voluntary sobriety tests, the man was arrested on a charge of DUI and transported to the station for a breath test. The man was charged with an Anacortes DUI.
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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Anacortes Skagit County DUI Attorney: Skagit County Sheriff’s Blotter
Anacortes Skagit County DUI Attorney: Skagit County Sheriff's Blotter
As reported by the Skagit County Sheriff's Office:
Jan. 2
11:49 a.m. A McLean Road resident reported an elderly woman laying in his yard, shivering. A deputy and medical aid responded and determined the woman was an Alzheimer's patient who had walked away from a nearby residence.
3:12 p.m. The Sheriff's Office and State Patrol investigated a one-car rollover crash on Highway 20 near Concrete.
Jan. 4
10:14 a.m. A caller in Clear Lake reported a suspicious male attempting to enter a car with a coat hanger. A deputy determined the man was the owner of the car and had locked his keys inside.
11:18 p.m. A caller in Clear Lake reported his 28-year-old grandson was drunk and out of control. The grandson had earlier been arrested for DUI. He left the residence prior to a deputy's arrival.
Jan. 5
10:30 a.m. A caller in Marblemount reported a problem with a rapidly growing population of rabbits on his property.
12:08 p.m. A caller in the Sedro-Woolley area reported hearing a woman calling for help outside. A deputy contacted a woman nearby who was looking for her dog and calling its name.
Jan. 6
9:33 a.m. A caller on Best Road reported two people suspiciously walking around a ditch where a stolen vehicle had been recovered the previous night. A deputy determined the owner was looking for the keys.
Jan. 7
12:10 a.m. A caller at a tavern on Highway 9 reported a customer having a mental breakdown. A deputy and an aid crew provided assistance.
10:53 a.m. A caller in Concrete reported someone had filled his dumpster, which constitutes theft. A deputy determined it was the man's son.
Jan. 8
2:13 a.m. Medical responders arrived in Grassmere to treat an unconscious teenager. An investigation resulted in charges of minor in possession and furnishing alcohol to minors.
2:30 a.m. A caller in Marblemount reported people were looking in his mailbox. The subjects were gone by the time a deputy arrived.
Jan. 9
10:35 a.m. A caller in the Sedro-Woolley area reported someone had spray-painted his dog. The dog was uninjured.
12:44 p.m. A property owner near Marblemount reported a stripped-out vehicle abandoned on his land. There was no way to identify the vehicle.
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
The Law Firm of David N. Jolly: Criminal and DUI Defense Attorneys
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Thursday, January 27, 2011
Anacortes Mt Vernon Burlington Skagit County DUI Attorney: Handwriting Test
Anacortes Mt Vernon Burlington Skagit County DUI Attorney: Handwriting Test
The field sobriety tests are a critical component to the DUI arrest and investigation process. The following information is an excerpt from the upcoming book, "The DUI Handbook for the Accused, Vol. II." This valuable book is due out in March, 2011 and is the most thorough and complete DUI resource for the accused in the United States. Please check back for an announcment as to its availability. It will be avialble in over 100 online bookstores in including amazon.com and barnesandnoble.com.
Handwriting
Another test that is not often done by law enforcement but is occasionally used by prosecuting attorneys to indicate possible impairment is handwriting. In a 2003 study the researchers concluded that while handwriting changes can be observed at any level of alcohol, "none of the alterations in handwriting can be attributed to the effects of alcohol intake alone." Asicioglu, F, Turan, N. Handwriting Changes Under the Effect of Alcohol. Forensic Sci Int. 8;132(3):201-210. Page 201 (April 2003) Additionally another study concluded that handwriting could not be used in any way to measure accurately the blood alcohol concentration of a writer. Galbraith, NG. Alcohol: Its Effect on Handwriting. J Forensic Sci. 31(2):580-588. Page 580 (April 1986)
In summary, there is not a scientific study that has indicated that such a handwriting test has ever been evaluated for reliability as a "sobriety test" to determine alcohol influence or impairment.
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
The Law Firm of David N. Jolly: Criminal and DUI Defense Attorneys
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Anacortes Mt Vernon Burlington Skagit County DUI Attorney: Alphabet, County Down and Finger to Nose Test
Everett Lynnwood Snohomish County DUI Attorney: Alphabet, County Down and Finger to Nose Test
The field sobriety tests are a critical component to the DUI arrest and investigation process. The following information is an excerpt from the upcoming book, "The DUI Handbook for the Accused, Vol. II." This valuable book is due out in March, 2011 and is the most thorough and complete DUI resource for the accused in the United States. Please check back for an announcment as to its availability. It will be avialble in over 100 online bookstores in including amazon.com and barnesandnoble.com.
Alphabet, Count Down, and Finger Count Tests
Other non-standardized field sobriety tests that are often used are the alphabet recitation, a numerical count down, and finger count tests. The alphabet test requires the subject to recite part of the alphabet (e.g., starting at a letter other than A and stopping at a letter other than Z). The count down test simply requires the subject to count aloud numbers in reverse, from highest to lowest. For example count backwards from 50 to 30. The finger count test requires the subject to touch the tip of the thumb to the tip of each finger on the same hand in a particular order while counting (e.g., "one, two, three, four—four, three, two, one).
These tests were considered in the initial NHTSA study in 1977 but were discarded and therefore not selected as accurate indicators of alcohol impairment. The Standardized Field Sobriety Test (SFST) Student Manual warns that these techniques are not as reliable as the SFST tests and "do not replace the SFST." NHTSA, U.S. Department of Transportation, HS 178 R2/00. DWI Detection and Standardized Field Sobriety Testing, Student Manual. Page VI-4 (2000)
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
The Law Firm of David N. Jolly: Criminal and DUI Defense Attorneys
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Everett Lynnwood Snohomish County DUI Attorney: Finger to Nose Test
Everett Lynnwood Snohomish County DUI Attorney: Finger to Nose Test
The field sobriety tests are a critical component to the DUI arrest and investigation process. The following information is an excerpt from the upcoming book, "The DUI Handbook for the Accused, Vol. II." This valuable book is due out in March, 2011 and is the most thorough and complete DUI resource for the accused in the United States. Please check back for an announcment as to its availability. It will be avialble in over 100 online bookstores in including amazon.com and barnesandnoble.com.
Finger to Nose
Another commonly used non-standardized field sobriety test is the finger to nose test. This test is a basic test that requires the subject to close his eyes and then touch the tip of his nose with the tip of his index finger, alternating hands. NHTSA research and studies revealed that the finger to nose test, along with the Rhomberg Test, only indicated the presence of alcohol, and "did not increase the predictive ability of testing." Sworn Testimony of Marcelline Burns in State v. Meador, 674 So. 2d 826, 834 (Fla. Dist. Ct. App. 1996)
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
The Law Firm of David N. Jolly: Criminal and DUI Defense Attorneys
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Everett Lynnwood Snohomish County DUI Attorney: Romberg Balance Test
Everett Lynnwood Snohomish County DUI Attorney: Romberg Balance Test
The field sobriety tests are a critical component to the DUI arrest and investigation process. The following information is an excerpt from the upcoming book, "The DUI Handbook for the Accused, Vol. II." This valuable book is due out in March, 2011 and is the most thorough and complete DUI resource for the accused in the United States. Please check back for an announcment as to its availability. It will be avialble in over 100 online bookstores in including amazon.com and barnesandnoble.com.
Romberg Test
Of all the field sobriety tests that are non-standardized the best known and most commonly used is the Romberg Test. A German ear specialist by the name of Moritz Heinrich Romberg developed a balance assessment test in 1853 that could be used to diagnose diseases. This test is known as the "Romberg Test" and is widely used as a non-specific test of neurological or inner ear dysfunction. The Romberg Test has been modified for use by police officers in the performance of Field Sobriety Tests although this test is not a starndardized Field Sobriety Tests. The test is also part of the battery of tests and examinations used in the 12-Step Drug Recognition Examinations, found at the end of this chapter.
The Romberg Test is a neurological test to determine whether a subject can keep a steady standing position with the eyes closed. The basic test has an individual stand with his feet together, hands at his side, head tilted back, and eyes closed. The basic test has developed into several different variations. These different versions are commonly referred to as the "Sharpened" Romberg or the "Modified Position of Attention."
While there have been no studies validating the Romberg test in the DUI context, a number of studies have been conducted concluding that the Romberg Test when performed in the law enforcement environment is unreliable. ImObersteg, A. The Romberg Balance Test: Differentiating Normal Sway from Alcohol-Induced Sway. DWI Journal, Law & Science, Vol. 18, No. 5 (May, 2003) Additionally, studies have found that the increased sway found in testing can relate to things other than alcohol intoxication, such as weight, age, physical condition, exercise, sleep loss, elevated temperatures, and antihistamines. Anderson, Theodore E. et al. Field Evaluation of a Behavioral Test Battery for DWI. DOT-HS-806-475 (1983)
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
The Law Firm of David N. Jolly: Criminal and DUI Defense Attorneys
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Everett Lynnwood Snohomish County DUI Attorney: Romberg Balance Test
Everett Lynnwood Snohomish County DUI Attorney: Romberg Balance Test
The field sobriety tests are a critical component to the DUI arrest and investigation process. The following information is an excerpt from the upcoming book, "The DUI Handbook for the Accused, Vol. II." This valuable book is due out in March, 2011 and is the most thorough and complete DUI resource for the accused in the United States. Please check back for an announcment as to its availability. It will be avialble in over 100 online bookstores in including amazon.com and barnesandnoble.com.
Romberg Test
Of all the field sobriety tests that are non-standardized the best known and most commonly used is the Romberg Test. A German ear specialist by the name of Moritz Heinrich Romberg developed a balance assessment test in 1853 that could be used to diagnose diseases. This test is known as the "Romberg Test" and is widely used as a non-specific test of neurological or inner ear dysfunction. The Romberg Test has been modified for use by police officers in the performance of Field Sobriety Tests although this test is not a starndardized Field Sobriety Tests. The test is also part of the battery of tests and examinations used in the 12-Step Drug Recognition Examinations, found at the end of this chapter.
The Romberg Test is a neurological test to determine whether a subject can keep a steady standing position with the eyes closed. The basic test has an individual stand with his feet together, hands at his side, head tilted back, and eyes closed. The basic test has developed into several different variations. These different versions are commonly referred to as the "Sharpened" Romberg or the "Modified Position of Attention."
While there have been no studies validating the Romberg test in the DUI context, a number of studies have been conducted concluding that the Romberg Test when performed in the law enforcement environment is unreliable. ImObersteg, A. The Romberg Balance Test: Differentiating Normal Sway from Alcohol-Induced Sway. DWI Journal, Law & Science, Vol. 18, No. 5 (May, 2003) Additionally, studies have found that the increased sway found in testing can relate to things other than alcohol intoxication, such as weight, age, physical condition, exercise, sleep loss, elevated temperatures, and antihistamines. Anderson, Theodore E. et al. Field Evaluation of a Behavioral Test Battery for DWI. DOT-HS-806-475 (1983)
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
The Law Firm of David N. Jolly: Criminal and DUI Defense Attorneys
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Everett Lynnwood Snohomish County DUI Attorney: One Leg Stand Test
Everett Lynnwood Snohomish County DUI Attorney: One Leg Stand Test
The field sobriety tests are a critical component to the DUI arrest and investigation process. The following information is an excerpt from the upcoming book, "The DUI Handbook for the Accused, Vol. II." This valuable book is due out in March, 2011 and is the most thorough and complete DUI resource for the accused in the United States. Please check back for an announcment as to its availability. It will be avialble in over 100 online bookstores in including amazon.com and barnesandnoble.com.
One Leg Stand
The one leg stand test, like the walk and turn field sobriety test, is a divided attention test that is designed to determine the subject's balance, listening skills, and ability to follow instructions. In this test the participant is required to stand on one leg while the other leg is extended in front of the person in a "stiff-leg" manner. This extended foot is to be held approximately six inches above and parallel with the ground. While this is occuring the person is instructed to stare at the elevated foot and count aloud until told to stop, by counting "one thousand and one, one thousand and two, one thousand and three," and so on.
Also like the walk and turn test this test requires a "reasonably dry, hard, level, and non-slippery surface." DWI Detection and Standardized Field Sobriety Testing, Student Manual. NHTSA; U.S. Department of Transportation. HS 178 R2/00, Page VIII-12 (2000) Further, the officer has knowledge that original research indicated that individuals over the age of 65, and those with back, leg or middle ear problems had difficulty performing the test. Subjects wearing heels more than 2 inches high should be given the opportunity to remove their shoes. Id.
Administrative Procecures
Per NHTSA, the officer is instructed to give the test as follows:
•Tell suspects to stand with feet together and arms down at the sides.
•Tell suspects to maintain that position while you give the instructions; emphasize that they should not try to perform the test until you say to "begin."
•Ask suspects if they understand.
•Tell suspects that when you say to "begin" they must raise their leg in a stiff-leg manner, and hold the foot approximately six inches off the ground, with the toe pointed forward so that the foot is parallel with the ground.
•Demonstrate the proper one-legged stance.
•Tell suspects that they must keep the arms at the sides and must keep looking directly at the elevated foot, while counting in the following fashion: "one thousand and one, one thousand and two, one thousand and three," and so on until told to stop.
•Ask the suspect if he or she understands.
•Tell the suspect to "begin."
The officer is also given the following instruction:
•It is important that this test last for thirty seconds. You must keep track of the time. If the suspect counts slowly, you will tell him or her to stop when thirty actual seconds have gone by, even if, for example, the suspect has only counted to "one thousand and twenty."
Test Interpretation
The One Leg Stand has four clues of impairment:
•Sways while balancing (side to side or back to front).
•Uses arms to balance (i.e., more than 6 inches).
•Hopping.
•Puts foot down.
Two or more clues classify the subject as a 65% chance of being over a 0.10% BAC. [NHTSA, U.S. Department of Transportation, HS 178 R2/06, DWI Detection and Standardized Field Sobriety Testing, Student Manual (2006), p. VIII-12-13]
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
The Law Firm of David N. Jolly: Criminal and DUI Defense Attorneys
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Everett Lynnwood Snohomish County DUI Attorney: Walk and Turn test
The field sobriety tests are a critical component to the DUI arrest and investigation process. The following information is an excerpt from the upcoming book, "The DUI Handbook for the Accused, Vol. II." This valuable book is due out in March, 2011 and is the most thorough and complete DUI resource for the accused in the United States. Please check back for an announcment as to its availability. It will be avialble in over 100 online bookstores in including amazon.com and barnesandnoble.com.
Walk and Turn
The walk and turn test is a "divided attention" test that is designed to determine the subject's balance, listening skills, and ability to follow instructions. In this test the participant stands in a heel-to-toe fashion with arms at their sides while a series of instructions are given by the officer. Following the instructional phase the suspect must then take nine heel-to-toe steps along a line, turn in a prescribed manner, and then take another nine heel-to-toe steps back along the line. All of this must be done while counting the steps aloud and keeping the arms at the sides. The individual is informed not to stop walking until the test is completed.
NHTSA warns the officer that this test requires a "designated straight line and should be conducted on a reasonably dry, hard, level, non-slippery surface." DWI Detection and Standardized Field Sobriety Testing, Student Manual. NHTSA; U.S. Department of Transportation. HS 178 R2/00, Page VIII-12 (2000) Additionly, the officer is informed in the manual that original research indicated that individuals over the age of 65, and those with back, leg or middle ear problems had difficulty performing the test. Subjects wearing heels more than 2 inches high should be given the opportunity to remove their shoes. Id. Over the years however, some of the original instructions and provided information has been deleted from subsequent student manuals.
Administrative Procecures
1. Instructions Stage: Initial Positioning and Verbal Instructions
For standardization in the performance of this test, have the suspect assume the heel-to-toe stance by giving the following verbal instructions, accompanied by demonstrations:
• "Place your left foot on the line" (real or imaginary). Demonstrate.
• "Place your right foot on the line ahead of the left foot, with heel of right foot against toe of left foot." Demonstrate.
• "Place your arms down at your sides." Demonstrate.
•"Maintain this position until I have completed the instructions. Do not start to walk until told to do so."
• "Do you understand the instructions so far?" (Make sure suspect indicates understanding.)
2. Demonstrations and Instructions for the Walking Stage
Explain the test requirements, using the following verbal instructions, accompanied by demonstrations:
• "When I tell you to start, take nine heel-to-toe steps, turn, and take nine heel-to-toe steps back." (Demonstrate 3 heel-to-toe steps.)
• "When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot, like this." (Demonstrate).
• "While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud."
• "Once you start walking, don't stop until you have completed the test."
• "Do you understand the instructions?" (Make sure suspect understands.)
• "Begin, and count your first step from the heel-to-toe position as 'One.'"
Test Interpretation
According to NHTSA the Walk and Turn test has a maximum of eight clues that are graded and observed by law enforcement. Two clues apply during the "instructional stage" that occurs while the suspect is standing heel-to-toe and listening to the instructions:
•One clue that is observed by the officer is whether the subject fails to keep balance (i.e. suspect breaks away from the heel-to-toe stance). Swaying or using arms for balance is not considered a clue at this point; and
•The second clue observed by an officer prior to the walking stage is whether the subject starts walking too soon (i.e. suspect starts walking before you say "begin").
The remaining six validated clues occur during the walking stage of the test. They are follows:
•Stops walking (i.e. the subject pauses for several seconds).
•Misses heel-to-toe (i.e. more than 1/2 inch gap).
•Steps off the line (i.e. the foot must be entirely off the line).
•Raises the arms while walking (i.e. more than 6 inches).
•Takes the wrong number of steps.
•Turns improperly.
According to NHTSA two or more clues out of a possible eight indicate that the suspect's BAC as above a 0.10%. NHTSA generalizes this finding and does not note a difference in an individual regarding the finding of 2 or 8 clues. [NHTSA, U.S. Department of Transportation, HS 178 R2/06, DWI Detection and Standardized Field Sobriety Testing, Student Manual (2006), p. VIII-9-11]
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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Lynnwood Everett Snohomish County DUI Attorney: Horizontal Gaze Nystagmus
The field sobriety tests are a critical component to the DUI arrest and investigation process. The following information is an excerpt from the upcoming book, "The DUI Handbook for the Accused, Vol. II." This valuable book is due out in March, 2011 and is the most thorough and complete DUI resource for the accused in the United States. Please check back for an announcment as to its availability. It will be avialble in over 100 online bookstores in including amazon.com and barnesandnoble.com.
Horizontal Gaze Nystagmus (HGN)
The technical definition of nystagmus is that is the rhythmic back and forth oscillation of the eyeball that occurs when there is a disturbance of the vestibular (inner ear) system or the oculomotor control of the eye. There are two major types of eye movements: pendular and jerk. Pendular nystagmus is where the oscillation speed is the same in both directions. Jerk nystagmus is where the eye moves slowly in one direction and then returns rapidly. Most types of nystagmus have the fast and slow phase (jerk nystagmus). Horizontal Gaze Nystagmus (HGN), which is the type of nystagmus used in DUI investigations, is a type of jerk nystagmus with the jerky movement toward the direction of the gaze. Adams, Raymond D. & Victor, Maurice. Disorders of Ocular Movement and Pupillary Function. Principles of Neurology. Ch.13, 117 (4th ed. 1991)
Like most types of nystagmus, HGN is an involuntary motion, meaning the person exhibiting the nystagmus cannot control it or is even aware of it. Forkiotis, C.J. Optometric Exercise: The Scientific Basis for Alcohol Gaze Nystagmus. 59 Curriculum II, No. 7 at 9 (April 1987); Good, Gregory W. & Augsburger, Arol R. Use of Horizontal Gaze Nystagmus as a Part of Roadside Sobriety Testing. 63 Am. J. of Optometry & Physiological Optics 467, 469 (1986); Stapleton, June M. et al. Effects of Alcohol and Other Psychotropic Drugs on Eye Movements: Relevance to Traffic Safety. 47 Q.J. Stud. on Alcohol 426, 430 (1986)
Critics of the horizontal gaze nystagmus test for DUI (alcohol) related purposes have argued that alcohol is not the only potential cause of nystagmus and there are many different causes of nystagmus that have been observed and studied. Syndromes such as influenza, vertigo, epilepsy, measles, syphilis, arteriosclerosis, muscular dystrophy, multiple sclerosis, Korsakoff's Syndrome, brain hemorrhage, streptococcus infections, and other psychogenic disorders all have been shown to produce nystagmus. Additionally, conditions such as hypertension, motion sickness, sunstroke, eyestrain, eye muscle fatigue, glaucoma, and changes in atmospheric pressure may result in gaze nystagmus. Pangman. Horizontal Gaze Nystagmus: Voodoo Science. 2 DWI J. 1, 3-4 (1987)
Further, these same critics have argued that alcohol is not the only drug to cause nystagmus and that caffeine, nicotine, or aspirin also lead to nystagmus almost identical to that caused by alcohol consumption. Id. at 3-4. Finally, conditions such as a person's circadian rhythms or biorhythms can affect nystagmus readings as the body reacts differently to alcohol at different times in the day and even fatigue nystagmus can be found in an individual, and the list, according to critics, goes on. Id. at 3-4; Booker, J.L. End-position nystagmus as an indicator of ethanol intoxication. Sci Justice. 41(2):113-116. (April – June, 2001)
Administrative Procecures
1. Check for eyeglasses;
2. Verbal instructions;
3. Position stimulus (12-15 INCHES);
4. Equal pupil size and resting nystagmus;
5. Tracking;
6. Lack of smooth pursuit;
7. Distinct and sustained nystagmus at maximum deviation;
8. Onset of nystagmus prior to 45 degrees;
9. Total the clues
10. Check of vertical gaze nystagmus.
Test Interpretation
The Officer should look for three clues of nystagmus in each eye (total of 6 clues).
1. The eye cannot follow a moving object smoothly;
2. Nystagmus is distinct and sustained when the eye is held at maximum deviation for a minimum of four seconds;
3. The angle of onset of nystagmus is prior to 45 degrees.
Based on the original research, if the officer observes four or more clues it is likely that the suspect's BAC is above 0.10. Using this criterion the Officer, in theory, should be able to classify about 77% of suspects accurately. Obviously these beliefs are only plausible if the field sobriety testing is done in accordance with the NHTSA guidelines. [NHTSA, U.S. Department of Transportation, HS 178 R2/06, DWI Detection and Standardized Field Sobriety Testing, Student Manual (2006), p. VIII-7-8]
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
The Law Firm of David N. Jolly: Criminal and DUI Defense Attorneys
Flexible and competitive fees and payment plans
Tuesday, January 25, 2011
Lynnwood Everett DUI Attorney: DUI Mugshot to a Facebook near you
LOS ANGELES (AP) - Police in a city ranked top in the state for alcohol-related traffic fatalities might soon be trying a new tactic to keep drunken drivers off the road: Electronic shaming on Facebook. In a contentious move that has raised the hackles of privacy advocates and been met with resistance from a police department fearful of alienating residents, a councilman in Huntington Beach wants police to begin posting the mug shots of everyone who is arrested more than once for driving while under the influence.
"If it takes shaming people to save lives, I am willing to do it," said Devin Dwyer, the councilman behind the proposal. "I'm hoping it prevents others from getting behind the wheel and getting inebriated."
Dwyer initially wanted the police department to post on Facebook photographs of everyone arrested for DUI in the bar-laden beach town just south of Los Angeles. He has watered down his proposal - now only repeat offenders would be featured on the virtual wall of shame - in hopes of winning support from the rest of the seven-member council, which is set to vote on the issue Tuesday.
Huntington Beach, a city of about 200,000 famed for its Surf City alias, an off-leash dog beach and a downtown packed with bars, is ranked top out of 56 California cities of similar size for the number of alcohol-related traffic fatalities. In 2009, 195 people were killed or injured. Drunken driving laws are aggressively enforced, and in 2009, there were 1,687 DUI arrests.
For more info on this story click here: http://www.komonews.com/news/offbeat/114132769.html
For information on your Anacortes DUI and Skagit County DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
The Law Firm of David N. Jolly: Criminal and DUI Defense Attorneys
Flexible and competitive fees and payment plans