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Thursday, October 7, 2010

King County DUI News: King County Sheriff's deputy seriously hurt in DUI crash

A King County sheriff's deputy was seriously injured in a crash early Tuesday morning on State Route 202.
The exact nature of the deputy's injuries was not known, but sheriff spokesman John Urquhart said the man was expected to survive.
Urquhart said the deputy may have been speeding on SR-202 when he lost control near Sahalee Way about 1:40 a.m. and crashed down and embankment and into a tree.
The 33-year-old deputy was able to use his radio to call for help after the crash, and he was rushed to Harborview Medical Center in Seattle.
Urquhart said the deputy was not involved in a pursuit or responding to an emergency call at the time of the crash.
"It appears that speed may have been a contributing factor. He was definitely moving along at a pretty good clip," Urquhart said. "But it's still under investigation and we've got to determine exactly what happened."
The highway was shut down for several hours while investigators collected evidence at the scene and crews worked to clear the wreck.
Urquhart said the deputy is assigned to the City of Sammamish and works as a DUI patrol unit. He has been a police officer for 11 years.
More here: http://sammamish.komonews.com/content/sheriffs-deputy-seriously-hurt-crash
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Whatcom Island 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 DUI News: 13 names added to DUI Victims Memorial Wall

A somber reminder in Everett - of the lives we've lost to drunk driving.
Thirteen new tiles were added Wednesday to the Snohomish County DUI Victims Memorial Wall at McCollum Park:
· Bradley Daniel Agerup
· Melissa Ann Agerup
· Douglas C. Allen
· Sheena M. Blair
· Jeanette M. Cline Manske
· Janelle Louise Cooper
· Kurt Emery Gessner
· Joshua Michael Haggerton
· Marco Lopez-Silva
· Elisa Kay Older
· Martin A. Ramirez
· Hilda Margarita Woods
· Thomas Jeffrey Woods

The names added this year brings the total number of lives commemorated on the wall to 125, since it's inception in 2001
More on the story:  http://everett.komonews.com/content/13-names-added-dui-victims-memorial-wall
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Whatcom Island 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

Skagit County DUI News: Anacortes DUI Stop based on only one lane incursion - can it be dismissed?

On September 24th a 36-year-old Anacortes man was arrested on a charge of DUI after an officer followed a truck eastbound on 12th Street and saw it swerving from the center line to the fog line and continue driving over the center line for an entire block around 1:48 p.m. The driver appeared intoxicated and failed field sobriety tests. He was arrested and taken to the police department for a breath test.  From these facts it sounds like a motion to dismiss based on lack of probable cause to stop is in order (see State v. Prado 186 P.3d 1186 (WA 2008))
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Whatcom Island 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

Tuesday, October 5, 2010

Washington State DUI: Department of Lie-censing

If you have been arrested for DUI and have a BAC over 0.08 or refused the BAC, you will face either a suspension of your license 60 days after your arrest or a Hearing with the esteemed Department of Licensing.  If you are facing such a hearing you will come “face to face” (not literally) with one of the DOL’s Hearing Officers.  You are therefore in for a real treat.  To be perfectly frank, there are several DOL hearing officers who are well informed, fair, professional, and treat petitioners (DUI drivers) with courtesy and respect.  However, there are others who are not.   Obviously I will not disclose in a DUI blog who the bad DOL hearing officer’s are, but these few individuals subscribe to the theory that the power they enjoy is absolute.  This belief of mine, shared by most, reminds me of the following:

The historian and moralist, John Emerich Edward Dalberg Acton, who was otherwise known simply as Lord Acton, expressed this opinion in a letter to Bishop Mandell Creighton in 1887:

"Power tends to corrupt, and absolute power corrupts absolutely.”

Another English politician with no shortage of names - William Pitt, the Elder, The Earl of Chatham and British Prime Minister from 1766 to 1778, is sometimes wrongly attributed as the source. He did say something similar, in a speech to the UK House of Lords in 1770: 

"Unlimited power is apt to corrupt the minds of those who possess it."

So to summarize, DOL Hearing Officers have substantial power in their limited context of deciding the outcome of DOL Hearings.  This power has seemingly corrupted many of the minds at the DOL.  This then would explain many of the seemingly erroneous, illogical, and plain stupid decisions some of these power-mongering DOL hearing officers have rendered over the years.  Nothing else would explain it!

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Whatcom Island 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

Are Prosecuting Attorneys Dumb?

Are Prosecuting Attorneys Dumb?  Well, of course not, but the headline grabs attention.  Truth be told there are no dumb prosecuting attorneys really, after all prosecuting attorneys do have to go to law school, graduate law school, and eventually pass the Bar exam.  And after personally doing all of that myself I can attest to the fact that none of it was easy.  However, some prosecuting attorneys do lack the experience that others have or alternatively, have less knowledge about DUI law than others.   Some just display poor judgment.  This is not a slight against a prosecutor who doesn't yet have the right tools to do a job prosecuting DUIs, as I was there once and privately was scared at how little I knew in the first months of my job.  Many years later my job is knowing what prosecutors are well informed and what prosecutors are not.  Those who are not I tend to simply work around them meaning, I note motions in court arguing legal defenses to Judges, instead of trying to negotiate with them.  With the well informed prosecutors, I do the opposite - meaning, I argue my issues directly with them knowing that they understand the art of negotiation and can see the legal issues, understand them, and are aware of the risks of motions and trial.  Dealing with experienced and well informed prosecutors is always preferred.
 For information on your Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom 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

Do Snohomish County and Skagit County have the best Prosecuting Attorneys?

I am frequently asked which prosecuting attorney's office is the best in the many jurisdictions in which I practice.  Tough question!  An easier question would be, which prosecuting attorney's office is the worst - however, I would obviously never disclose this opinion for the world to read.  But back to the original question.  It's a tough one because in the five primary jurisdictions in which our office practices, King County, Snohomish County, Skagit County, Whatcom County and Island County, there are some excellent State Prosecuting Attorney's Offices and many fine municipal prosecuting attorneys.  However, the State Prosecuting Attorney's Office that seems to consistently check all the right boxes for professionalism, knowledge, quantity and quality of well trained prosecutors in DUI, and tough standards, the Snohomish County Prosecuting Attorneys are the best (with a very close second being Skagit County Prosecuting Attorneys (their office is smaller, that is the only difference)).  In terms of Municipal Prosecuting Attorneys I would rate Zachor and Thomas as the best - hands down.  Zachor and Thomas have contracts with the following cities; Lynnwood, Mukilteo, Lake Stevens, Granite Falls, Arlington, Edmonds, Mountlake Terrace, et al).
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom 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

Monday, October 4, 2010

Washington State DUI News: Ignition Interlock Devices-be warned!

The Ignition Interlock Device (IID) - a frustrating necessity for some.  If you have been informed by the DOL that you need an IID as a result of a conviction or deferred prosecution, be forewarned.  First, these devices are far from perfect.  They are notorious for provided false positives and being over sensitive to things other than alcohol (ie. certain foods, mints, mouth washes will set these devices off).  Second, be aware that the data in these devices is recorded and provided to the court.  Hence, if you provide a positive result (ie. have alcohol in your system) the will eventually call you back so that you can explain yourself.  This may result in significant jail time!
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom 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