Snohomish County DUI: Appealing the Petition for Deferred Prosecution

This morning I was in District Court petitioning the court for a deferred prosecution (DP) on behalf of a client.  Assuming the attorney, in this case me, has properly completed the required documents, the client has been approved by a State certified treatment agency for the DP Program, the client had never done a DP before, and the attorney has prepared the DP in accordance with the local court rules, the presentation of a Petition for Deferred Prosecution is usually relatively straight forward.  However, this morning the Prosecuting Attorney decided to object to the DP based on the fact that this particular client had previously done treatment and "it clearly had not worked."  Of course, this argument is silly.  To properly object/appeal the prosecutor must base the appeal on RCW 10.05.160.  It is really that simple.  Here it is:

RCW 10.05.160

Appeal of deferred prosecution order. (Effective January 1, 2011.)

The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds:
(1) Prior deferred prosecution has been granted to the defendant;
(2) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;
(3) Failure of the court to comply with the requirements of RCW 10.05.100;
(4) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program;
(5) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140.

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: Appealing the Petition for Deferred Prosecution

This morning I was in District Court petitioning the court for a deferred prosecution (DP) on behalf of a client.  Assuming the attorney, in this case me, has properly completed the required documents, the client has been approved by a State certified treatment agency for the DP Program, the client had never done a DP before, and the attorney has prepared the DP in accordance with the local court rules, the presentation of a Petition for Deferred Prosecution is usually relatively straight forward.  However, this morning the Prosecuting Attorney decided to object to the DP based on the fact that this particular client had previously done treatment and "it clearly had not worked."  Of course, this argument is silly.  To properly object/appeal the prosecutor must base the appeal on RCW 10.05.160.  It is really that simple.  Here it is:

RCW 10.05.160

Appeal of deferred prosecution order. (Effective January 1, 2011.)

The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds:
(1) Prior deferred prosecution has been granted to the defendant;
(2) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;
(3) Failure of the court to comply with the requirements of RCW 10.05.100;
(4) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program;
(5) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140.

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

Island County DUI: Presenting the Petition for Deferred Prosecution

This morning I was in Island County District Court petitioning the court for a deferred prosecution (DP) on behalf of a client.  Assuming the attorney, in this case me, has properly completed the required documents, the client has been approved by a State certified treatment agency for the DP Program, the client had never done a DP before, and the attorney has prepared the DP in accordance with the local court rules, the presentation of a Petition for Deferred Prosecution is usually relatively straight forward.  However, this morning the Island County Prosecuting Attorney decided to object to the DP based on the fact that this particular client had previously done treatment and "it clearly had not worked."  Of course, this argument is silly.  To properly object/appleal the prosecutor must base the appeal on RCW 10.05.160.  It is really that simple.  Here it is:

RCW 10.05.160

Appeal of deferred prosecution order. (Effective January 1, 2011.)

The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds:
(1) Prior deferred prosecution has been granted to the defendant;
(2) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;
(3) Failure of the court to comply with the requirements of RCW 10.05.100;
(4) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the defendant has been referred to the facility for treatment. If an appeal on such basis is successful, the trial court may consider the use of another treatment program;
(5) Failure of the court to order the installation of an ignition interlock or other device under RCW 10.05.140.

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 man fails to signal a turn, "fails" the field sobriety tests, then arrested for DUI

On October 21st an Anacortes police officer on routine patrol spotted a vehicle in the area of 22nd Street and O Avenue that made a turn without signaling just after midnight. The officer followed the vehicle and saw it was traveling at 15 mph in the 25 mph zone. The vehicle failed to signal a turn again on M Avenue and came to an abrupt stop about 3 feet from the curb in front of a residence in the 2000 block of M Avenue. The driver, a 47-year-old Anacortes man, allegedly failed field sobriety tests. He was arrested on a charge of DUI and taken to the station for a breath test.
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: New York man arrested for DUI in Anacortes

On October 20th Anacortes Police were called to an establishment in the 400 block of Commercial Avenue after two visitors from New York refused to pay their tab around 12:14 a.m. After the bar tab matter was settled, police cautioned the 42-year-old man and his wife not to drive because they appeared to be intoxicated. Officers called a cab for the couple to take them back to their hotel. A short time later an officer spotted the man driving a vehicle at Fourth Street and Q Avenue. He was arrested on a charge of DUI. Could be an interesting defense.
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

Washington State DUI News: Alcohol more dangerous than illegal drugs

LONDON (AP) — Alcohol is more dangerous than illegal drugs like heroin and crack cocaine, according to a new study.
British experts evaluated substances including alcohol, cocaine, heroin, ecstasy and marijuana, ranking them based on how destructive they are to the individual who takes them and to society as a whole.
Researchers analyzed how addictive a drug is and how it harms the human body, in addition to other criteria like environmental damage caused by the drug, its role in breaking up families and its economic costs, such as health care, social services, and prison.
Heroin, crack cocaine and methamphetamine, or crystal meth, were the most lethal to individuals. When considering their wider social effects, alcohol, heroin and crack cocaine were the deadliest. But overall, alcohol outranked all other substances, followed by heroin and crack cocaine. Marijuana, ecstasy and LSD scored far lower.
The study was paid for by Britain's Centre for Crime and Justice Studies and was published online Monday in the medical journal, Lancet.
Experts said alcohol scored so high because it is so widely used and has devastating consequences not only for drinkers but for those around them.
"Just think about what happens (with alcohol) at every football game," said Wim van den Brink, a professor of psychiatry and addiction at the University of Amsterdam. He was not linked to the study and co-authored a commentary in the Lancet.
When drunk in excess, alcohol damages nearly all organ systems. It is also connected to higher death rates and is involved in a greater percentage of crime than most other drugs, including heroin.
But experts said it would be impractical and incorrect to outlaw alcohol.
"We cannot return to the days of prohibition," said Leslie King, an adviser to the European Monitoring Centre for Drugs and one of the study's authors. "Alcohol is too embedded in our culture and it won't go away."
King said countries should target problem drinkers, not the vast majority of people who indulge in a drink or two. He said governments should consider more education programs and raising the price of alcohol so it isn't as widely available.
Experts said the study should prompt countries to reconsider how they classify drugs. For example, last year in Britain, the government increased its penalties for the possession of marijuana. One of its senior advisers, David Nutt - the lead author on the Lancet study - was fired after he criticized the British decision.
"What governments decide is illegal is not always based on science," said van den Brink. He said considerations about revenue and taxation, like those garnered from the alcohol and tobacco industries, may influence decisions about which substances to regulate or outlaw.
"Drugs that are legal cause at least as much damage, if not more, than drugs that are illicit," he said.
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

Washington Department of Licensing Hearings: What to do if you lose the hearing

The previous blog expressed the frustration many individuals who have been charged with DUI have with the Department of Licensing Hearings.  The complete incompetence of a few hearing officers have absolutely destroyed the reputation of the rest of the hearing officers.  However, if you do lose the DOL hearing due to this incompetence you still have options (not necessarily good ones).  The options include:
1) Accept the incompetence and apply for the Ignition Interlock LIcense; 2) Prepare and submit a Motion for Reconsideration to the same hearing officer within 10 days of the decision; and 3) Appeal the ruling to the Superior Court of the same Jurisdiction where your DUI is located.  More on the success of numbers 2 and 3 in future blogs.
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