Police officers must generally follow statutory and constitutional protections when arresting or interacting with individuals. In a recent case, the Washington Court of Appeals addressed the consequences of failing to provide the required statutory warnings before administering a breath test to a defendant arrested for driving under the influence (DUI).…
In an important decision, the Court of Appeals of Washington addressed the issue of whether a warrantless blood test violated the rights of a defendant charged with driving under the influence (DUI) of marijuana. In City of Seattle v. Pearson (Wash. Ct. App. Feb. 29, 2016), the defendant struck a…
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.…
The Washington Court of Appeals recently reviewed a defendant’s conviction for violating a no-contact order, evaluating whether evidence should have been suppressed. In State v. Burks (Wash. Ct. App. Nov. 3, 2015), the police officer conducted a traffic stop of a vehicle for speeding. The police officer obtained the driver’s information…
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…
When confronted with a legal issue, many people have to go through the process of choosing an attorney for the first time. Choosing the right attorney for the legal issue you face is an important decision. As attorneys, we understand the importance of choosing the right attorney for you and…
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…
For starters, let’s say that John Doe is charged with possession of a firearm when he is pulled over by police late one night. At the time he was charged, he was in a car with a friend who is indisputably the one who possessed the gun and concealed it…