So what is the right to a speedy trial? The Sixth Amendment to the United States Constitution, provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial.” The Clause is important because it protects the defendant from delay between the time…
Articles Posted in Criminal Law
Field Sobriety Tests in Washington: Taking the Walk and Turn, Heel to Toe Test
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…
Field Sobriety Tests in Washington: What is HGN?
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…
Case Summary: State of Washington v. Michael Baity and Edward Arnestad
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…
Field Sobriety Tests in Washington State
For decades, Washington State law enforcement agencies have administered certain physical tests to individuals suspected of intoxication. Nowadays, almost everyone who has consumed alcohol, or driven a car is aware of the Standard Field Sobriety Test’s, otherwise known as FST’s. Perhaps the most widely and best known test being, Walk…
What does it mean when an officer says he is a DRE?
In Washington State, Drug Recognition Experts, also known as DREs are regular law enforcement officer’s who have received additional training to recognize impaired drivers who are under the influence of drugs other than, or in addition to alcohol. In the 1970’s the Los Angeles Police Department developed the Drug Evaluation…
How Will My Criminal History Impact My Divorce?
People from all walks of life have criminal records. Some people have had a DUI. Others have had convictions for assault or theft. When these people get divorced, many of them wonder how their criminal record will impact their dissolution proceedings. Unfortunately, for purposes of this blog post the answer…
Learn More About Your Seattle Criminal Defense Lawyers
When charged with a crime, people tend to panic. After all, being charged with a serious crime can be a life altering experience. Some men and women may be nervous about the situations that await them because of their charges. For example, people that are charged with a DUI can…
Criminal Defense; The Importance of Continuing Legal Education
When facing criminal charges, choosing the right attorney is one of the most important decisions you make. It can also be one of the most difficult. If you or someone you love has recently been charged for a crime, including driving under the influence of alcohol or drugs, working with…
DUI Attorney Mark Blair Receives Training on Washington’s New Breath Test Machine
Attorney Mark Blair is committed to providing Blair & Kim, PLLC’s clients with the best possible legal representation. To achieve this, he regularly attends continuing legal education courses and legal seminars that expand his skills in the areas of DUI law and criminal defense. Although he has already earned a…