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Washington Supreme Court Rules on State Delay in Disclosing Toxicology Witness

Washington DUI defense attorneys often have to fight vigorously to ensure they get information from the State.  In DUI cases, the State sometimes fails to name the toxicologist who will testify until very close to the trial.  In one particularly egregious case, the prosecution provided a list of potential witnesses…

Posted in: DUI
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Independent Basis for Washington Officer Requesting I.D. for Suspicion of Violating Protection Order

The Washington Constitution protects people from unlawful searches and seizures.  Article 1, section 7 has been interpreted by Washington courts to prohibit police from requesting identification of a passenger unless there is an independent basis for the request.  An independent basis exists if the officer can identify specific and articulable…

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Jury Access to Inadmissible Evidence Results in New Trial for Washington Criminal Defendant

A jury must base its decision on the evidence before the court and may not consider evidence outside the record.  While courts do their best to ensure that juries are properly instructed and not exposed to outside information, jurors still sometimes consider extrinsic information in robbery and other theft cases. …

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Washington Parenting Plans and Substantial Changes in Circumstances

The modification of a Washington parenting plan over the other parent’s objection can be difficult.  In fact, there is a presumption against it.  Washington child custody attorneys know that Washington courts have recognized that children have a strong interest in finality in their living arrangements.  Courts will not disturb the…

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Washington Protection Order Violations and Burglary

Washington defendants are entitled to a unanimous jury verdict.  Washington criminal defense attorneys know, however, that this general rule can become complicated when there are multiple acts underlying the charges.  If multiple acts could each form the basis of a charge, and the state presents evidence of each, either the…

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Washington Left-Turn Driver Not Liable for Motorcyclist’s Injuries

Under Washington law, a driver intending to turn left at an intersection must yield to a vehicle approaching from the opposite direction that is in the intersection or close enough to be an immediate hazard.  This rule seems fairly straightforward and suggests that the vehicle turning left will usually be…

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Sentencing Enhancement for Proximity to School Bus Stop in Washington Drug Case

Drug possession, manufacture, or sale that occurs in certain public places carries enhanced penalties under Washington law. Prison time or fines may be as much as double as what is otherwise allowed. Under RCW 69.50.435, locations that can result in sentencing enhancements include schools, school buses, public parks, certain public…

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