From 2010 to 2017 DUI attorney Jonathan Rands joined Host Dillon Honcoop (and formerly Tracy Ellis) on The Legal Docket where they discussed the nuances of DUI law and how it affects you as a citizen of Washington State.
It could be a parent's worst nightmare - having your child in the car with you when you are pulled over and arrested for a DUI. So what happens? Are the charges more aggressive? Could you lose custody of the child? Is CPS called? DUI attorney Jonathan Rands discusses the consequences.
Boating under the influence laws have changed. A few weeks ago, BUI was changed from a misdemeanor (90 days in jail/$1000 fine) to a gross misdemeanor (364 days in jail/$5000 fine), bringing it more inline with a DUI, and the 0.08 limit was expanded to include the 5ng for THC. However, unlike the driving crime, there's no administrative action by the Department of Licensing ... yet. The BUI statute also includes the same implied consent found in the DUI law - that anyone who operates a vessel in the state of Washington is deemed to have given consent to a test or tests of a person's breath or blood for the purposes of determining alcohol, THC, or drug concentration. A refusal cannot be used against you in a criminal trial, but you can be subjected to a $1000 civil penalty for having refused. More changes to the BUI laws discussed in the podcast!
Some changes are on the way this fall when it comes to DUI laws. DUI Attorney Jonathan Rand and KGMI's Dillon Honcoop run through some of the changes to the law and discuss impacts for those who have already been conviced of a DUI and those who might be first-time DUI offenders. The new laws will go into effect September 28, 2013.
The rules of when police can take your blood have been changing. This has been developing nationally as well as locally due in part to McNeely vs Missouri and a Supreme Court ruling this past April. The statute used to read you impliedly consented to a test of breath or blood, and if you withdrew that consent you risked losing your license or having your license revoked for at least one year. That language as it pertains to blood is now gone. Dillon Honcoop and DUI attorney Jonathan Rands discuss the ins and outs of the new statute language and how it came about.
While most first offense DUI arrests generally do not go to trial for a variety of reasons, those that do go to trial are not nearly as glamorous and dramatic as those seen on TV. But what does go on during a trial? DUI Attorney Jonathan Rands gives Dillion Honcoop a step-by-step walk through of what it's like in court from beginning motions to jury selection to witness testimonies.
In this week's Legal Docket DUI attorney, Jonathan Rands, and Dillion Honcoop discuss an Arizona man whose car was impounded and files were charged after officers told him they could tell he was drunk just by looking at him despite blowing a 0.000 for both the roadside and station breath test. Rands gives tips on what to do if you find yourself in a similar situation.
Will a drink or two with dinner out be a thing of the past? Proponents for lowering the threshold limit from .08 to .05 percent blood alcohol content argue it would save lives. However, if you look at the statistics, most deaths related to DUI occur at higher levels — .14/.15 or above — making this look more like a political decision rather than a scientific one, as study after study show that impairment begins around .08. This could be the beginning of a shift to zero tolerance. DUI attorney Jonathan Rands and Dillion Honcoop discuss.
Outside those instances and extreme emergency cases, the US Supreme Court recently ruled in Missouri v McNeely that police cannot force a drunk driving suspect to submit to a blood draw without a warrant. This decision by the Supreme Court sets the minimum requirements each state must follow to respect a person's privacy.
Finally, the end of the DUI legislation, and emergency knee jerk reaction to tragic DUI events of late. No one supports nor, endorses DUI and the real and tragic consequences that can follow, but a free society must beware of creating, passing, and implementing legislation that is emotionally based. Patience, well-measured, and carefully thought legislation MUST be practiced even in the wake of tragedies that some DUI crashes create.
Lawmakers in Olympia are proposing harsher DUI penalties in light of recent events in Seattle. Bellingham DUI Attorney, Jonathan Rands, discusses the proposed new DUI legislation with Dillion Honcoop and if these new penalties are actually consitutional or a knee-jerk reaction to recent events.
Legislators are seeking reactionary based legislation in the wake of a highly publicized DUI crash resulting in deaths by a driver with a current DUI case pending and multiple DUI arrests and convctions. DUI deaths are tragic. However, basing legislation on the actions of an atypical person/instance is extreme and potentially unconstitutional. More legislation is fine as long as it is proportionate, legal, and CONSTITUTIONAL. Reactionary legislation rarely is.
A recent study by the Telegraph found that cell phone use impairs a person’s ability to safely operate a car. Levels of impairment were found when simply talking on a cell phone while driving, an in depth and focused conversation impaired the driver even more, and texting has a level of impairment equal to .10 BAC! So the question of the show is why is DUI criminalized, when cell phone use is not? In discussing DUIs, Jonathan also tells us about a new breath test machine getting set to be used by law enforcement here in Washington state. The Drager 9510 (deployment plan).
After a Washington motorist is stopped and arrested for suspicion of DUI-Marijuana, the arrest is justified due him having a "Green Tongue." KISM morning hosts gave me a call the morning this story broke and we discussed the reality of a Green Tongue. The phenomenon has become well known among law enforcement, due to the creation of the Drug Recognition Program, a program that trains and certifies Drug Recognition Evaluators (DRE), and it is also said to be a clue in Advanced Roadside Impaired Driving Enforcement (ARIDE). Students of both these programs are told to look for this clue.
HOWEVEVER, the elusive 'green tongue' in the DRE Instructor manual focuses on this, next to bullet "c" under the instructor notes where they admittedly state:
"Point out to students that there are no known studies that confirm marijuana causing a green coating on the tongue." (Session XXI, Page 6).
SO law enforcement seeks to have it both ways, tell the world it exists, tell the world that based on your training and experience there is a green tongue associated with smoking marijuana, but, yet, at the same time, tell students, that it has never been proven! In this short seven minute radio interview, the truth of the green tongue is disclosed - IT DOES NOT EXIST.
DUI lawyers are not one size fits all, so how do you know who to hire? Generally speaking a DUI arrest and charge is scary, stressful, and can paralyze or cause a knee jerk reaction that you may regret for not doing your due diligence in finding the right attorney. Spend time interviewing a few attorneys, assess their professionalism, their office and their staff. Spend time asking them why they are qualified, ask them whatever you want to your satisfaction and above all, do not trust your fate to the lowest bidder. Have a listen and if you are facing a DUI or alcohol related charge spend some time listening to learn how to best choose your DUI attorney.
Join Bellingham DUI attorney, Jonathan Rands as he discusses proposed legislation coming out of Olympia for all things DUI law related. There is a change to Ignition Interlock Law, again, a proposal to clarify old laws, a proposal to remove the Judge's option to sentence as they see fit, a proposal to increase felony DUI scoring, a change dedicated to ensure that police can arrest for Minor DUI, and many more.
There is a lot more to the crime of Driving While License Suspended. In fact, there there are 3 levels, or 3 "degrees" of a license suspension / revoked (there is a important difference) and a driver can find themself in the the lowest level (suspended status) and do so very quickly simply for having forgotten to pay a traffic fine regardless of whether it is civil or criminal in nature. Although only one level of Driving While Licesne Revoked (2nd Degree) is related to DUI, Jonathan Rands is "fluent" in the crime and explains how it happens, how the monetary challenges of a driver can create a situation of perpetual motion, that transitions into a scenario described by Jonathan in his blog post as a "DoL Death Spiral" and how that becomes a reality beyond DWLS 3.
It seems to be a fairly common occurrence in our world to take moment and reflect upon what was, as we welcome, and enter another new year. The same can be said for DUI law review. Some may wonder “what could possibly change? DUI is still illegal right?” While the sentiment does capture the essence of the law, taking a few minutes to examine the changes and “tweaks” made in the last legislative session shows just how many laws regarding DUI there are and how complicated they have become.
On December 6, 2012 the new Marijuana law became effective, and along with the new legalization of Marijuana came the limit for DUI-Drug, for Marijuana. The limit is now 5 nanograms. At the dawn of this day I had the opportunity to discuss the new law with the morning show DJs of KISM. This is part 1 of 2.
On December 6, 2012 the new Marijuana law became effective, and along with the new came the new DUI-Drug limit for Marijuana of 5 nanograms. At the dawn of this day I had the opportunity to discuss the new law with the morning show DJs of KISM. This is part 2 of 2.
This topic was discussed in an earlier show as Bellingham DUI Attorney, Jonathan Rands, discussed the new DUI laws with Dillion Honcoop on his afternoon show on KGMI. Bellingham DUI lawyer, Jonathan Rands, gives a detailed explanation of the new consequences from the new approach. Jonathan explains a shockingly low limit and collateral consequences to the casual pot smoker that has a Commercial Driver's License.
This year's election brought with it the legalization of Marijuana, Pot, Weed, Ganja, Smoke, or whatever slang your used to. The changes it brings about, however, are not all good. In fact, the changes to the DUI laws are HUGE and will have an enormous impact upon any and all drivers in Washington State if they use marijuana. Jonathan Rands took a few minutes to discuss the new approach with Dillon Honcoop on his evening KGMI program. For a more in depth discussion, here is the link for the show on the Legal Docket.
Most citizens discussing the upcoming election and the various choices available are also discussing the controversial Initiative 502. While there are many admirable goals hoped to be achieved by the passage of the initiative there are many hidden, intended consequences as well unintended consequences, specifically aimed at DUI Legislation. For example, the passage of the Initiative would set low THC limits that would cause a driver to bepresumed guilty of the crime of DUI-Drug. However, this new proposed "threshold" limit is unsupported by any research of impairment at this new legislatively set limit. This is only the tip of the iceberg and local Bellingham DUI Attorney, Jonathan Rands, take the time on this show to explain more of the problems created by this initiative.
Listen in as Bellingham DUI Attorney, Jonathan Rands explains and demonstrates the most recent unfair procedures exhibited by the Department Of Licensing (DoL). This agency is one of the most powerful agencies in our lives considering how important our license to drive is. It is also one of the worst offenders in abusing that power and failing to carry out their administrative mandate: The application of Due Process prior to the deprivation of a important property interest in the form of a driver's license. Have a listen as DUI Defense Lawyer, Jonathan Rands exposes just the tip of the iceberg of the most recent DoL abuse of power and procedure as he discussing the new fee that surely will provide those arrested for suspicion of DUI with an "additional 175.00 of fairness." I doubt it!
Whenever a driver in is arrested for DUI, regardless of age, they have a RIGHT to refuse a breath test, or blood test if no breath test machine is available. Every driver driving upon the roadways of Washington State, regardless of which State issued them the drivers license, has previously given "Implied Consent" to provide a breath sample when lawfully requested. Post Arrest, when asked to provide a breath sample, every driver is "reminded" by virtue of Implied Consent Warnings, that they can "withdraw" that previously given consent to give a breath sample and REFUSE. This right, however, is far from absolute and can be overridden by way of a search warrant for your blood. Jonathan Rands, Bellingham DUI Lawyer explains how.
With the DUI "emphasis" patrols in our rearview mirror as summer comes to a close, Bellingham DUI defense lawyer, Jonathan Rands, talks about the DUI arrests that were not actual DUIs, as evidenced by the breath test provided after the driver was arrested. In fact, Jonathan Rands explains to Dillon how such arrests can happen and goes even further to explain how actual DUI convictions actually happen despite a under the limit test.
The legalization of Marijuana under Initiative 502 (I-502) will have a definite impact and effect on DUI in Washington as there will be a "Per Se" THC limit like there is a .08 limit for alcohol. The New Approach states clearly on their webpage and other information that "A new marijuana DUI standard that operates like the alcohol DUI standard would be established." What this means in the DUI Worlds of DUI Legislation | DUI Prosecution | DUI Defense is enforcement of a never before seen limit and therefore increased DUI Drug Prosecutions, and companion license suspensions and revocations independent of the courts via Department Of Licensing (DoL). Have a listen as DUI Defense Lawyer, Jonathan Rands explains the "tip of the iceberg" for the changes I-502 will bring.
Bellingham DUI Attorney Jonathan Rands is a expert in Washington State DUI Laws, Department Of Licensing (DoL) procedures and protocols, Roadside Sobriety Tests, Advanced Roadside Sobriety Training, Breath Testing Procedures, Protocols, and Technology, and many more topics and sub-topics all required for successful and competent DUI defense, but once and a while in the summer time, he is called upon to transfer his expertise to Boating Under The Influence. Have a close listen as Jonathan Rands talks about everything BUI and closes the show with a update on some new DUI legislation in effect as of August 1, 2012.
Last weeks show proved to be too little time for Dillon and Bellingham DUI Attorney Jonathan Rands, to have some fun with the "what if" questions presented by the subject of ARIDE - Advanced Roadside Impaired Driving Enforcement. Consequently, Jonathan Rands and Dillon use a hypothetical situation to highlight the downside of ARIDE and if this scenario were to happen, the person is wrongfully accused of a crime that did not commit.
ARIDE has a goal of bridging the gap between the standard or basic battery of standardized roadside field sobriety tests (SFSTs), and the more comprehensive Drug Recognition Expert (DRE) courses. In particular, the course objectives states that a student will learn how to observe, identify and articulate the signs of impairment related to drugs, alcohol or a combination of both. As a result the course is supposed to help the officer determine if an arrest should be made due to suspicion of impaired driving by drug. While the course objectives also state that a student will "learn of medical conditions and other situations that can produce similar signs of impairment." The reality of the course is that very little time is dedicated to this aspect. The course builds upon the foundation of the SFSTs which has a mandate of "hook and book," and let the prosecutors sort it out. Not surprisingly, the ARIDE course continues with this philosophy, so while medical conditions are briefly covered, the emphasis is to arrest but be wary of the possibility of real medical conditions. AS a result, Bellingham DUI Attorney, Jonathan Rands and Dillon talk about the ARIDE investigation of an innocent driver - hypothetically, of course.
Traditionally, the average law enforcement officer exiting the academy was provided with the basic roadside tool of Standardized Field Sobriety Tests for use in determining whether a driver was possibly impaired by alcohol. Those Standard tests while effective have proven to be sensitive only to alcohol and left the able to either confirm alcohol impairment, or rule it out. Possible impairment by other drug, or drugs, was unexplainable. In this age of medical pharmaceutical intervention in our daily lives impaired driving by way of prescription and non- prescription drugs has become a concern for law enforcement. As a result the ARIDE course was born.
The 16 hour course builds upon the foundation of the 3 basic sobriety tests, with an emphasis on the HGN, in an effort to determine whether a driver has one or more, or a combination of, the 7 major drug categories "on board" their system. The training culminates in teaching an officer how to identify and articulate probable cause to draw blood for analyses for impaired driving criminal prosecution. Recently Jonathan Rands completed this training and despite the confines of time, provides an overview to Dillon Honcoop on this edition of the Legal Docket.
“Jonathan, thank you for bringing the best possible outcome today in my case. It was a humbling and very sobering experience and I am mindful everyday of my personal responsibility and actions and those around me. My career has taken off and I’m glad to have this chapter behind me and will move onward past probation!”