Criminal Law

Washington Court Holds That Defendant’s Previous Conviction Elevates DUI to Felony Charge

September 15, 2015 | by Blair & Kim, PLLC

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 decision dismissing the felony DUI charge against the defendant. The Court of Appeals agreed with the prosecution and reversed the trial court, holding that the defendant’s previous conviction for vehicular assault served as a predicate offense enabling the state to charge him with a felony DUI.

In 2009, the defendant entered an Alford plea to vehicular assault under all alternatives, which was accepted by the court. The defendant’s statement on the guilty plea acknowledged that he drove a vehicle while under the influence of alcohol and caused substantial bodily harm to another individual. The court subsequently entered a felony judgment and sentence, finding the defendant guilty on a plea of “Vehicular Assault—All Alternatives,” with “DUI” handwritten over the charge. In 2013, the defendant was arrested after being stopped by police for erratic driving. The officers stated that the defendant was slurring his speech, had red eyes, and performed poorly on field sobriety tests. The defendant also blew a .138 on a portable breath test administered by the officers. Due to his 2009 vehicular assault conviction, the DUI was elevated to a felony offense.

Preparing for your DUI Arraignment

April 26, 2015 | by Blair & Kim, PLLC

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? Continue reading

When a co-defendant is charged with the same offense: State v. Downs

April 21, 2015 | by Blair & Kim, PLLC

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 under the seat of the car prior to the traffic stop. All reports from the law enforcement officers indicate that the weapon was possessed by the friend of your client. The officers searched the vehicle and found the gun under the friend’s seat. The State charged the friend with and is now trying to make an example of Doe. So what do you do?

Neighbors and No Contact Orders

April 15, 2015 | by Blair & Kim, PLLC

Washington State courts can issue an No Contact Order (NCO) as condition of sentence, but can they require a distance requirement that results in a hypothetical client being prohibited from living in his residence which is next door to the alleged victim? The statute authorizing a no contact order states that such a order must clearly be read to prohibit conduct as the principal legislative intent. See e.g. RCW 10.99.040(2)(a)(“contact” mentioned 4 times before the single mention of “distance”). Continue reading

The Fellow Officer Rule

April 10, 2015 | by Blair & Kim, PLLC

Hypothetically, you have a police officer who while driving her car past a intersection observes a individual selling crack on the street corner, he directs another patrol car following directly behind him to arrest the individual. Can he do this? how is this legal?

NHTSA: Drugged Drivers no more likely to crash than Drunk Drivers

March 25, 2015 | by Blair & Kim, PLLC

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 the area who were involved in an accident with over 6,000 control drivers who were not in an accident.

Case Summary: State of Washington v. Ryan Richard Quaale

March 21, 2015 | by Blair & Kim, PLLC

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 a residential street. Continue reading

Do I have a right to a speedy trial in Washington State?

March 18, 2015 | by Blair & Kim, PLLC

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 when they are charged and the beginning of trial. But do you have a right to a speedy trial? Did you waive it? How can you know? And what happens if you are in prison and have other charges pending?

Field Sobriety Tests in Washington: Taking the Walk and Turn, Heel to Toe Test

February 28, 2015 | by Blair & Kim, PLLC

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 information, and recall of memory. The physical tasks include balance and coordination while standing still, walking, and turning. The test is administered in two stages, the instruction phase and the walking phase. Both are required.

During the instruction phase, the officer will instruct the individual not to start walking until told to do so and to stand erect with their right foot in front of their left.

Field Sobriety Tests in Washington: What is HGN?

February 26, 2015 | by Blair & Kim, PLLC

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 to side (in other words, jerking or bouncing) is known as horizontal gaze nystagmus, or HGN. Some investigators believe alcohol intoxication increases the frequency and amplitude of HGN and causes HGN to occur at a smaller angle of deviation from the forward direction.

In administering the horizontal gaze nystagmus test, an officer will look for the three following clues in each eye: (1) lack of smooth pursuit, (2) distinct nystagmus at maximum deviation, and (3) onset of nystagmus prior to 45 degrees. Continue reading