Learn the latest changes in DUI law and outcomes of cases around the state.
Recent Vehicular Homicide Case Declared a Mistrial
In vehicular homicide cases the jury need not agree that the person was DUI or Reckless as long as all 12 agree that it was one or the other. They also must decide beyond a reasonable doubt that the defendant was the proximate cause of death. In this case, the jury did not agree the driver was the proximate case of death.Read more →
Do not let the title of this blog fool you, I am not discussing going on vacation and being arrested for DUI, rather I am talking about whether You can remove a DUI from Your criminal record.Read more →
The Presumption of Innocence
The corner stone of our criminal justice system and the Constitutions of County and States is a simple statement – an accused is presumed innocent until proven guilty, and the proof must also be that which is beyond a reasonable doubt. But that does not seem to be the case when it comes to DUI charges.Read more →
Declining To Participate In Any Tests Is The Justification For No DUI Charges Of Judge Despite Typical DUI Evidence.
There is nothing better to bring a dormant blog back online than an outrageous issue. In this instance, it is the ridiculous and outrageous issue of the State of Washington refusing to file DUI charges against Judge Ryan. For those who have not read or heard about this, a link to one of the stories is here. This is outrageous to the point of ridiculousness because the facts of his case, or non-case as it may be, are no less...Read more →
Courts And Law Enforcement Working To Erode “Right” To Refuse Tests
Each day people are arrested for DUI in Bellingham, Ferndale, Lynden, Mt. Vernon – all throughout Whatcom County and Skagit County – and are unsure what to do. At the first possible moment, when law enforcement begins to investigate, you will need to insist on an experienced and intelligent DUI attorney to help answer questions and advise you through such a critical process. If you are arrested for DUI in Washington State you will be asked to provide a sample...Read more →
Bellingham DUI Statistics Misleading.
This past weekend the Western Front and local News Radio, reported the following story: The Washington State Liquor Control Board recently released a list saying 38 people who were arrested for a DUI in 2010 told police they had their last drink at Rumors. Just behind Rumors, 30 people said they had their last drink at The Royal Inn. While this might not surprise some Western students familiar with the Bellingham nightlife, Sheriff Bill Elfo says most DUI problems actually...Read more →
Criminal Defense Attorneys Are Not All That Bad When Prosecutorial Misconduct Exposed
Ever since I was a young man and decided to be a lawyer those who knew, or asked this standard "occupation" query of any young person, there were always 2 more questions to follow: 1) What kind of lawyer do you want to be? And when the answer I gave was "criminal defense," the second question always followed: "but how can you defend someone who is guilty?" The answer from me was always very simple and quick to leave my lips...Read more →
Are DUI Breath Tests Solid Science, Or Just “Good Enough For Government Work?”
Last Friday the Bellingham Herald ran the following headline and story: Calibration error puts DUI tests across Alaska in doubt. The article written by James Halpin originated from the Anchorage Daily News and states that “Nearly 2,500 breath-alcohol tests conducted in drunken-driving cases across the state over a period of nearly four years used equipment with flawed quality control standards. As a result defense attorneys say the flawed practice calls into question the accuracy of the test. State officials acknowledge...Read more →
Was Lindsay Lohan Lucky? Washington DUI Probation Violations Much More Harsh.
By the time you read this you have heard the news and perhaps the debate on national legal talk shows: Was Lindsey Lohan treated fairly? Too little, too late? The debate goes on for as long as you care to listen or talk about it. For those who feel that she was treated too harsh consider the MANDATORY consequences of Washington DUI Probation Violations. Strict and specific terms for Washington DUI convictions require the court to order not only a...Read more →