By Jackson Holtz, Herald Writer
MARYSVILLE — Are you ready for football?
The Super Bowl means parties with chili and beer for many.
It also can mean drunken driving. The Washington State Patrol will mount a defense of its own, with extra troopers on the roads today.
Officials are less concerned about the outcome of the game between the Indianapolis Colts and the New Orleans Saints then they are about drivers staying sober to get safely to and from game-day parties, trooper Keith Leary said.
“We know most parties will include alcohol. This means identifying a driver who has not been drinking,” Leary said.
In recent weeks, state officials have seen an increase in daytime drunken driving, Leary said.
If people plan to drink alcohol, it’s best to plan ahead, get a ride or call a taxi, he said. The alternative is possibly facing criminal charges or causing serious injury or death.
Troopers arrested eight people for investigation of drunken driving in Snohomish County on Super Bowl Sunday 2009. Statewide, 73 arrests were made.
The state patrol responded to one fatality on Super Sunday last year, in Eastern Washington, Leary said. They’re hoping to avoid tragedy this year.
“Our main goal this weekend is to make sure everyone thinks as though this were another holiday,” he said.
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
Sunday, February 7, 2010
Skagit County and Snohomish County DUIs busy on Super Bowl Day
I was out driving tonight heading down through Skagit County and the Mount Vernon area through to Snohomish County and the Everett and Lynnwood area. Being Super Bowl day it should not be surprising that I saw cop car after cop car patrolling the Everett and Lynnwood areas in Snohomish County. Earlier in the day I counted dozens of cop cars in both Anacortes and Mt Vernon in Skagit County. Clearly these Skagit County and Snohomish County officers are looking for DUI drivers. Remember, if you're out there be safe, park your car and get a cab home.
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
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
Friday, February 5, 2010
Snohomish County Judge throws out BAC testing in DUI cases
Everett, WA. May 20, 2008 – Police and prosecutors better have more than a breath test to prove someone was driving drunk when they walk into one Everett judge’s courtroom.
Snohomish County District Court Judge Tam Bui last week ruled that she will not accept breath tests measuring a person’s alcohol level because of a litany of problems with the state’s testing process.
The way the state has been conducting the tests is flawed, and until changes are made at the Washington State Patrol Toxicology Lab, the results can’t be used as evidence in her courtroom, Bui ruled…
Jurors should be allowed to hear the results of the breath tests, as well as the problems with the lab and make their own decisions about the weight to give test evidence, said Snohomish County deputy prosecutor Charlie Blackman.
“The decision essentially says that many small errors, which in our opinion have no scientific significance, result in the courts viewing the evidence not reliable enough for a jury to consider,” Blackman said. “We think that’s wrong. We think you can trust a jury to sort this out.”
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
Snohomish County District Court Judge Tam Bui last week ruled that she will not accept breath tests measuring a person’s alcohol level because of a litany of problems with the state’s testing process.
The way the state has been conducting the tests is flawed, and until changes are made at the Washington State Patrol Toxicology Lab, the results can’t be used as evidence in her courtroom, Bui ruled…
Jurors should be allowed to hear the results of the breath tests, as well as the problems with the lab and make their own decisions about the weight to give test evidence, said Snohomish County deputy prosecutor Charlie Blackman.
“The decision essentially says that many small errors, which in our opinion have no scientific significance, result in the courts viewing the evidence not reliable enough for a jury to consider,” Blackman said. “We think that’s wrong. We think you can trust a jury to sort this out.”
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
Washington State Police officer fired based on new DUI law - should Skagit County and Snohomish County police officers be fired too?
By Meghann M. Cuniff
The Spokesman-Review
SPOKANE — Changes to a state law put a fired Spokane police sergeant in a new class of drunken drivers: first-time offenders required to drive with an ignition interlock device.
That new requirement led to Brad Thoma’s dismissal from the Spokane Police Department after the department said public safety would be compromised by having an officer who had to pass a breathalyzer test any time he needed to start his patrol car. It appears to be the first time a law enforcement agency statewide has had to consider the issue.
Now officials with the Spokane County Sheriff’s Office are wondering what the requirement could mean for a lieutenant suspected of a drunken car crash in Liberty Lake. While the Spokane Police Department and Washington State Patrol handle similar situations on a case-by-case basis, Sheriff’s Office policy calls for employees to be fired after their second drunken driving offense.
“It’s still kind of unclear as to what that means for somebody who is working,” said Sheriff Ozzie Knezovich.
Prosecutors have not charged Lt. Stephen Jones in connection with the Jan. 8 rollover crash in Liberty Lake. Results of his blood-alcohol test are expected this month.
The 2008 Washington Legislature adjusted drunken driving laws beginning in January 2009 to allow all offenders to regain their driving privileges if they install ignition interlock devices on their vehicles, instead of simply suspending their driving privileges for a period of time. The devices test a driver’s blood-alcohol level and prevent the vehicle from starting if alcohol is detected.
Thoma was granted deferred prosecution in November for a Sept. 23 crash. He was one of 162 drunken driving defendants to enter deferred prosecution in Spokane County District Court last year — an increase of 18 since 2008, according to court records.
Spokane police Chief Anne Kirkpatrick said she’s the first law enforcement official in Washington to be faced with that new requirement when considering future employment. A required ignition interlock device, she decided, makes someone unemployable as a driver.
“I don’t need to stick my finger in the wind and say, ‘How do people feel about it?”’ Kirkpatrick said.
Thoma offered to pay for an ignition interlock device on his squad car and pay for the additional insurance, but Kirkpatrick refused.
She also refused to sign a waiver that would allow Thoma to drive without one. That provision was added to the new law to help offenders avoid losing their jobs, said Thompson, of MADD.
“We would hope that law enforcement would hold themselves to a higher level,” she said. “The problem is they are human beings, and alcohol can get a grip on anyone.”
The city had offered to see if Thoma qualified for a noncommissioned position elsewhere in the city if he left the police department for the two years he’s required to drive with the device.
Thoma has filed a $4 million claim against the city, alleging he was wrongly fired because he’s an alcoholic.
If Kirkpatrick was unwilling to sign a waiver allowing Thoma to drive without the required device, she should have found another position for him in the department, said Thoma’s lawyer, Bob Dunn.
Not possible, Kirkpatrick said.
“I need all hands on deck,” she said.
At the Spokane County Sheriff’s Office, policy calls for first-time DUI offenders to be suspended for a week and undergo alcohol treatment. A second DUI means termination.
Knezovich said the ignition interlock law is so new there’s too much uncertainty as to what certain provisions actually mean.
The sheriff has been looking to the county’s lawyers for guidance but said he’s been told that because it’s a new law, it’s tough to provide greater certainty.
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
The Spokesman-Review
SPOKANE — Changes to a state law put a fired Spokane police sergeant in a new class of drunken drivers: first-time offenders required to drive with an ignition interlock device.
That new requirement led to Brad Thoma’s dismissal from the Spokane Police Department after the department said public safety would be compromised by having an officer who had to pass a breathalyzer test any time he needed to start his patrol car. It appears to be the first time a law enforcement agency statewide has had to consider the issue.
Now officials with the Spokane County Sheriff’s Office are wondering what the requirement could mean for a lieutenant suspected of a drunken car crash in Liberty Lake. While the Spokane Police Department and Washington State Patrol handle similar situations on a case-by-case basis, Sheriff’s Office policy calls for employees to be fired after their second drunken driving offense.
“It’s still kind of unclear as to what that means for somebody who is working,” said Sheriff Ozzie Knezovich.
Prosecutors have not charged Lt. Stephen Jones in connection with the Jan. 8 rollover crash in Liberty Lake. Results of his blood-alcohol test are expected this month.
The 2008 Washington Legislature adjusted drunken driving laws beginning in January 2009 to allow all offenders to regain their driving privileges if they install ignition interlock devices on their vehicles, instead of simply suspending their driving privileges for a period of time. The devices test a driver’s blood-alcohol level and prevent the vehicle from starting if alcohol is detected.
Thoma was granted deferred prosecution in November for a Sept. 23 crash. He was one of 162 drunken driving defendants to enter deferred prosecution in Spokane County District Court last year — an increase of 18 since 2008, according to court records.
Spokane police Chief Anne Kirkpatrick said she’s the first law enforcement official in Washington to be faced with that new requirement when considering future employment. A required ignition interlock device, she decided, makes someone unemployable as a driver.
“I don’t need to stick my finger in the wind and say, ‘How do people feel about it?”’ Kirkpatrick said.
Thoma offered to pay for an ignition interlock device on his squad car and pay for the additional insurance, but Kirkpatrick refused.
She also refused to sign a waiver that would allow Thoma to drive without one. That provision was added to the new law to help offenders avoid losing their jobs, said Thompson, of MADD.
“We would hope that law enforcement would hold themselves to a higher level,” she said. “The problem is they are human beings, and alcohol can get a grip on anyone.”
The city had offered to see if Thoma qualified for a noncommissioned position elsewhere in the city if he left the police department for the two years he’s required to drive with the device.
Thoma has filed a $4 million claim against the city, alleging he was wrongly fired because he’s an alcoholic.
If Kirkpatrick was unwilling to sign a waiver allowing Thoma to drive without the required device, she should have found another position for him in the department, said Thoma’s lawyer, Bob Dunn.
Not possible, Kirkpatrick said.
“I need all hands on deck,” she said.
At the Spokane County Sheriff’s Office, policy calls for first-time DUI offenders to be suspended for a week and undergo alcohol treatment. A second DUI means termination.
Knezovich said the ignition interlock law is so new there’s too much uncertainty as to what certain provisions actually mean.
The sheriff has been looking to the county’s lawyers for guidance but said he’s been told that because it’s a new law, it’s tough to provide greater certainty.
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
Snohomish County Judge in Lynnwood denies bail to DUI suspect convicted in another DUI case
By Diana Hefley
Herald Writer
EVERETT — A Seattle man charged with drunken driving will remain behind bars without any chance to bail out after a Snohomish County Superior Court judge ruled that a lower court had legal authority to deny the man bail because he was convicted of another crime while awaiting trial.
Attorneys for Israel Hinojosa argued that their client has the state Constitution on his side. A District Court judge didn’t have the right to order him held without bail before he’s had a fair trial, they contend.
Bail isn’t supposed to be punishment. It is set to assure people show up to their court hearings. A high bail also is a means to assure public safety if there’s a possibility the defendant may commit a violent crime, intimidate a witness or interfere with the court.
The state Constitution guarantees that people, before they are convicted of a crime, have the right to bail, public defender Sara Ayoubi wrote in a petition. The Constitution says no-bail orders are reserved only for defendants who are charged with aggravated murder where proof is evident, she wrote.
Ayoubi filed a petition last week asking a Superior Court judge to order Judge Jeffrey Goodwin to set bail for Hinojosa. Goodwin presides in the south division of the county’s District Court.
Prosecutors opposed the petition, arguing that judges do have discretion to deny bail for people who have broken the rules.
The Constitutional right to bail has exceptions as seen in other cases decided by the courts, Snohomish County deputy prosecutor Charles Blackman wrote in court papers. The right is not absolute, he said.
Superior Court Judge Eric Lucas agreed with Blackman.
Judges have the inherent power to deny bail when there is a willful violation of the conditions of release, Lucas said. Hinojosa also demonstrated that he was a danger to the community, the judge said.
Hinojosa, 40, was charged in June with misdemeanor drunken driving stemming from traffic stop in May south of Everett. Prosecutors allege that he had a blood alcohol level of .129. The legal limit is .08.
Hinojosa was arraigned in District Court in Lynnwood. He was released on his own personal recognizance and not required to post any bail. He was ordered not to drink alcohol or commit any new crimes.
A week later, Hinojosa was arrested on suspicion of drunken driving in King County. He was later charged there with drunken driving.
He showed up for hearings in Lynnwood on the Snohomish County case in September and November and was allowed to remain out of custody for seven months.
He pleaded guilty Jan. 5 to the King County drunken-driving charge. Later that week, he showed up for a hearing in Lynnwood. That’s when Goodwin ordered Hinojosa taken into custody and held without bail.
The judge said Hinojosa violated the terms of his release by being convicted of drunken driving in King County.
Ayoubi argued this week that there were no grounds for the judge’s decision.
Hinojosa was advised at his Snohomish County arraignment that if he violated the conditions of his release he would forfeit any bail or bond posted. He also could be ordered to appear back in court or there would be a bench warrant for his arrest.
Nowhere was he told that he could be jailed without bail, she argued.
“There is a limitation on what a judge can do,” Ayoubi said.
Veteran public defender Sonja Hardenbrook said she’s never seen a case where a man charged with a misdemeanor is ordered held without bail before conviction.
Even in most murder cases bail is set, she said.
Her office is concerned that people charged with a misdemeanor will be locked up for long stretches while their cases are resolved, Hardenbrook said. That could mean they spend more time in jail than they might be sentenced to if they were convicted.
Earlier this month, Gov. Chris Gregoire announced her support for a Constitutional amendment that would give judges more discretion to deny people bail. The announcement came in response to the death of four Lakewood police officers at the hands of a convicted felon who was out on bail.
State lawmakers are proposing changes to the Constitution that would allow judges to deny a person bail before trial if the judge believes that is the only way to assure public safety.
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
Herald Writer
EVERETT — A Seattle man charged with drunken driving will remain behind bars without any chance to bail out after a Snohomish County Superior Court judge ruled that a lower court had legal authority to deny the man bail because he was convicted of another crime while awaiting trial.
Attorneys for Israel Hinojosa argued that their client has the state Constitution on his side. A District Court judge didn’t have the right to order him held without bail before he’s had a fair trial, they contend.
Bail isn’t supposed to be punishment. It is set to assure people show up to their court hearings. A high bail also is a means to assure public safety if there’s a possibility the defendant may commit a violent crime, intimidate a witness or interfere with the court.
The state Constitution guarantees that people, before they are convicted of a crime, have the right to bail, public defender Sara Ayoubi wrote in a petition. The Constitution says no-bail orders are reserved only for defendants who are charged with aggravated murder where proof is evident, she wrote.
Ayoubi filed a petition last week asking a Superior Court judge to order Judge Jeffrey Goodwin to set bail for Hinojosa. Goodwin presides in the south division of the county’s District Court.
Prosecutors opposed the petition, arguing that judges do have discretion to deny bail for people who have broken the rules.
The Constitutional right to bail has exceptions as seen in other cases decided by the courts, Snohomish County deputy prosecutor Charles Blackman wrote in court papers. The right is not absolute, he said.
Superior Court Judge Eric Lucas agreed with Blackman.
Judges have the inherent power to deny bail when there is a willful violation of the conditions of release, Lucas said. Hinojosa also demonstrated that he was a danger to the community, the judge said.
Hinojosa, 40, was charged in June with misdemeanor drunken driving stemming from traffic stop in May south of Everett. Prosecutors allege that he had a blood alcohol level of .129. The legal limit is .08.
Hinojosa was arraigned in District Court in Lynnwood. He was released on his own personal recognizance and not required to post any bail. He was ordered not to drink alcohol or commit any new crimes.
A week later, Hinojosa was arrested on suspicion of drunken driving in King County. He was later charged there with drunken driving.
He showed up for hearings in Lynnwood on the Snohomish County case in September and November and was allowed to remain out of custody for seven months.
He pleaded guilty Jan. 5 to the King County drunken-driving charge. Later that week, he showed up for a hearing in Lynnwood. That’s when Goodwin ordered Hinojosa taken into custody and held without bail.
The judge said Hinojosa violated the terms of his release by being convicted of drunken driving in King County.
Ayoubi argued this week that there were no grounds for the judge’s decision.
Hinojosa was advised at his Snohomish County arraignment that if he violated the conditions of his release he would forfeit any bail or bond posted. He also could be ordered to appear back in court or there would be a bench warrant for his arrest.
Nowhere was he told that he could be jailed without bail, she argued.
“There is a limitation on what a judge can do,” Ayoubi said.
Veteran public defender Sonja Hardenbrook said she’s never seen a case where a man charged with a misdemeanor is ordered held without bail before conviction.
Even in most murder cases bail is set, she said.
Her office is concerned that people charged with a misdemeanor will be locked up for long stretches while their cases are resolved, Hardenbrook said. That could mean they spend more time in jail than they might be sentenced to if they were convicted.
Earlier this month, Gov. Chris Gregoire announced her support for a Constitutional amendment that would give judges more discretion to deny people bail. The announcement came in response to the death of four Lakewood police officers at the hands of a convicted felon who was out on bail.
State lawmakers are proposing changes to the Constitution that would allow judges to deny a person bail before trial if the judge believes that is the only way to assure public safety.
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
man charged with posing as twin after DUI - If You are a Twin In Skagit County or Snohomish County it would be wise not to pull this trick
The Associated PressJanuary 28, 2010, 5:35 pm
A man faces fraud charges after reportedly pretending to be his twin brother after he was pulled over for driving under the influence. The Highlands County Sheriff's Office reported that 43-year-old man was pulled over Jan. 20 and charged with DUI. But deputies said the man initially identified himself as his brother and signed that name on his citation and jail forms.
Deputies discovered the suspect's real identity the next day. He reportedly told deputies that he used his brother's name because his driver's license was suspended.
Besides the DUI, the man was charged with fraudulent impersonation, altering a public record certificate, passing a forged-altered instrument and several misdemeanors. He was being held on $31,250 bail.
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
A man faces fraud charges after reportedly pretending to be his twin brother after he was pulled over for driving under the influence. The Highlands County Sheriff's Office reported that 43-year-old man was pulled over Jan. 20 and charged with DUI. But deputies said the man initially identified himself as his brother and signed that name on his citation and jail forms.
Deputies discovered the suspect's real identity the next day. He reportedly told deputies that he used his brother's name because his driver's license was suspended.
Besides the DUI, the man was charged with fraudulent impersonation, altering a public record certificate, passing a forged-altered instrument and several misdemeanors. He was being held on $31,250 bail.
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
Chances of Getting Arrested for DUI in Skagit County, Snohomish County, Island County or King County
Measuring the Chances of DUI Arrest
In a project to measure the probability of getting arrested for driving under the influence of intoxicants as it relates to blood alcohol concentration, the Midwest Research Institute of Kansas City, MO, has explored public awareness about the extent to which DUI laws are enforced. Once discerned, this information could be useful to increase public awareness, help the police force in locating drunk drivers, aid in the evaluation of possible DUI candidates, and help provide quantification of intoxicated drivers on public roads.
Alcohol Safety Action Projects (ASAP), a workshop funded by the National Highway Traffic Safety Administration (NHTSA), conducted interviews of thousands of people in order to ascertain the level of public understanding of DUI law enforcement. Interviewees were asked several questions, including what they speculated the possibility was that they may be stopped by the police after having had several drinks.
Unfortunately, the question does not have an accurate answer, especially if the intoxication level, or blood alcohol content (BAC), is not designated. While general ideas of such probabilities do exist, in-depth research had not been previously carried out on this topic. Estimates from previous reports calculate that for a 10-mile ride with a BAC above 0.10% the probability of arrest would be about one in 670, while the Midwest Research Institute states in their recent report that in fact that chances are about one in 200.
After measuring this probability of a DUI arrest under controlled conditions of patrolling and traffic counts, then one can also assess how many drivers would possess a set BAC range. A random survey of volunteer motorists driving in the same patrol area provided the outcome of BAC in drivers who were not arrested, while police records gave the BAC distribution of those who were arrested. Once this probability can be firmly established, then communities without ASAPs could avoid expensive roadside surveys and also be convinced of the value of ASAPs in their communities.
This information could greatly assist police patrols with managing DUI patrols as it would offer a fixed standard to use in ascertaining the performance of his unit. More importantly, precise calculation of the probabilities of being arrested for DUI will aid in garnering the trust and confidence of the public in carrying out future public education campaigns against drunk driving.
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
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