The Supreme Court of Washington issued a recent opinion in the case of State v. Sandholm (Wash. Dec. 3, 2015), interpreting the former version of the driving under the influence (DUI) statute, RCW 46.61.502, in order to determine the number of alternative means of committing an offense under the statute.…
A Washington Court of Appeals recently reviewed a DUI felony conviction in the case of State v. Diaz, No. 46016-5-II (Wash. Ct. App. Oct. 6, 2015), after a jury found the defendant guilty of felony driving under the influence. The defendant’s primary argument on appeal was that his constitutional right…
The Washington Supreme Court recently published an opinion in the case of State v. Fedorov, addressing the issue of whether a police officer’s presence in the room where the defendant was speaking with his attorney violated CrR 3.1, the rule-based right to counsel. The defendant moved to suppress the results…
In a recently published opinion, the Washington Court of Appeals addressed the issue of whether a defendant’s prior Alford plea could elevate a subsequent driving under the influence (DUI) offense to a felony charge. In State v. Bird, 352 P.3d 215 (Wash. App. 2015), the state appealed the trial court’s…
What happens when you are pulled over for driving under the influence? what if you didn’t go to jail, and you aren’t sure if you were even arrested? How do you know if you will be charged and when? In Washington State and the city of Seattle, the Statute of Limitations…
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION — A new federal study shows that drivers who have used pot are just as likely to get into a crash as sober drivers. The study was performed by the National Highway Traffic Safety Administration (NHTSA) in Virginia and compared more than 3,000 drivers in…
In December 2014, the Washington State Supreme Court held that the HGN field sobriety test, which can indicate physical signs of alcohol consumption, cannot by itself establish impairment. On August 28, 2011, Washington State Patrol Trooper Stone observed Ryan Quaale driving his truck 56 mph in a 25mph zone on…
The Walk and Turn, Heel toe test one of the most common SFST’s administered in Washington State. A person will first listen to instructions, then walk in a straight line to show divided attention between mental tasks and physical tasks. The mental tasks include comprehension of verbal instructions, processing of…
Horizontal Nystagmus is one of three common field sobriety tests currently administered by law enforcement officers across Washington State. Nystagmus is an involuntary rapid movement of the eyeball, which may he horizontal, vertical, or rotatory. An inability of the eyes to maintain visual fixation as they are turned from side…
In State v. Baity, the Washington Supreme Court found the basis for HGN testing, that intoxicated people will exhibit nystagmus, to be generally accepted under Frye. Baity also addressed the admissibility of the 12-step DRE examination, of which HGN was one step, employed by police officers to detect behavior associated…