Criminal Law

Case Summary: State of Washington v. Michael Baity and Edward Arnestad

February 24, 2015 | by Blair & Kim, PLLC

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 with certain drugs and held that it constituted novel scientific evidence. The Court also placed clear limitations on officer testimony based upon this scientific testing.

Michael Baity and Edward Arnestad were each charged in separate prosecutions for driving under the influence of alcohol or drugs (DUI). Continue reading

Field Sobriety Tests in Washington State

February 22, 2015 | by Blair & Kim, PLLC

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 and Turn, Heel-Toe test. The real question is though just how reliable are standard field sobriety tests?

What does it mean when an officer says he is a DRE?

January 16, 2015 | by Blair & Kim, PLLC

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 and Classification Program (DECP). The purpose of the program was to train officers on how to determine whether a driver is under the influence of drugs, and then to determine the type of drug causing the impairment. Washington State adopted the program in 1996 and currently has approximately 230 active DREs. While individual agency policies can vary on when specifically a DRE will be called, they generally investigate major collisions and when officers suspect drug involvement.

How Will My Criminal History Impact My Divorce?

October 22, 2014 | by Blair & Kim, PLLC

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 has to be that it depends. There are many circumstances that can impact how much weight and consideration the court will give a previous violation of the law when deciding on family law issues. Here are a few ways that your criminal record may affect your family law proceedings. As with all legal issues on this blog, it is best to speak with an attorney that knows the details of your case about how your criminal record may impact your dissolution proceedings.

Parenting Plan: If you have children, it becomes much more likely that the court will consider more seriously your criminal record. If your spouse is claiming that you are an alcoholic, the court will take a keen interest in your past alcohol offenses. If your spouse claims you are violent, the court will look at offenses involving violence with special interest. It likely goes without saying that criminal convictions involving children will likely be given the most attention.
Restraining Orders: If your spouse is requesting a restraining order, and you have a criminal history that includes assault or other domestic violence crimes, it is likely the court will take these into consideration when deciding whether or not to grant a restraining order to your spouse.

Learn More About Your Seattle Criminal Defense Lawyers

July 9, 2014 | by Blair & Kim, PLLC

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 be arrested and forced to spend time in jail. They may also need to attend DUI rehabilitation classes and may even lose their job because of their poor choice to drink and drive. A teacher who is charged with a sex crime will certainly lose his or her job if convicted. As well, being convicted of a crime comes with social implications. People may lose contact with their loved ones if they are convicted of serious crimes like murder, drug offenses, or theft crimes. People who are charged and convicted of domestic violence may lose the ability to spend time with their children or may be commanded to avoid friends with a restraining order.

The results of being convicted of a crime can be horrific, but you may not need to suffer these horrible difficulties. With the right Seattle criminal defense attorney on your side, you may be able to go up against the prosecution well-equipped. The right attorney will be willing to work through whatever situation you are involved in. In order to get the representation that you need, you will have to choose a compassionate and caring but aggressive and hardworking attorney. That is what you get when you choose to hire an attorney from Blair & Kim. This is a Seattle criminal defense firm that has been in operation since 1995. The firm understands how to get the best results for people in need and to provide clients throughout the state of Washington with the highest degree of client service and representation.

One of the reasons that Blair & Kim stands apart from other firms in the area is because the founding attorney, Mark Blair, used to be a Washington state prosecutor. While working on the other side of criminal law, he got to know the men and women that make up the courts of Washington with a friendly familiarity. He also learned a lot about how the prosecution thinks through cases and he can now anticipate the actions that they are going to take in almost any situation. After spending some time acquiring knowledge as a prosecutor, Attorney Blair decided that he wanted to help those in need by advocating for the accused in court.

Criminal Defense; The Importance of Continuing Legal Education

June 28, 2014 | by Blair & Kim, PLLC

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 an experienced and proven lawyer should be your first priority.

At Blair & Kim, PLLC, Seattle Criminal Attorney Mark Blair is a former prosecutor and seasoned defense attorney who has handled more than 15,000 criminal cases. He also has a record of success defending clients charged with DUI and DUI-related crimes. Aside from his proven track record, Attorney Blair continually commits himself to remaining up to date with new laws and expanding his legal skills.

What is continuing legal education?

DUI Attorney Mark Blair Receives Training on Washington’s New Breath Test Machine

June 21, 2014 | by Blair & Kim, PLLC

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 proven record of success defending clients charged for driving under the influence, Attorney Blair chose to familiarize himself with Washington’s newest breath test device – the DRAEGER 9510

In May, Mark attended a seminar conducted by the Washington Foundation for Criminal Justice that focused entirely on the state’s latest breath test machine. The seminar covered all aspects of the device, which law enforcement agencies in Seattle and the entire state will be using to test the blood alcohol content (BAC) of motorists suspected of drunk driving.

The seminar program consisted of an intensive course that trained attendees on the entire operation of the device, including basics of infrared spectroscopy and electrochemical analysis. The seminar also featured discussions comparing old equipment to the new machine, the various physiological aspects that affect breath alcohol monitoring, chemical interferants, and mouth alcohol.

Attorney Mark Blair Completes DUI Training Course

June 17, 2014 | by Blair & Kim, PLLC

Seattle DUI Attorney Mark Blair – one of Blair & Kim, PLLC’s founding attorneys – has dedicated his professional career to protecting the rights, freedoms, and futures of clients facing criminal charges. As a former prosecutor, Attorney Blair understands how the “other side” thinks – an attribute that often proves beneficial for our firm’s clients. In an effort to gain a further understanding of the tactics used by law enforcement officers who administer DUI stops and tests, Attorney Blair recently completed the DWI Detection and Standardized Field Sobriety Testing Student Course.

The three-day DUI course – which is conducted by the National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP) is the same course officers must complete in order to arrest drivers for DUI and administer Standardized Field Sobriety Tests.

By earning his Certificate of Training, Attorney Blair was able to gain a precise understanding of the procedures officers must adhere to when administering tests to DUI suspects. With this knowledge, he is better equipped to identify mistakes made by law enforcement officers, which can be used to fight charges against his clients.

Seattle DUI Attorney Mark Blair Successfully Reduces DUI Charge

March 8, 2014 | by Blair & Kim, PLLC

Seattle Criminal Defense Lawyer Mark Blair – co-founder of Blair & Kim – was recently successful in representing one of our firm’s clients who was charged with driving under the influence (DUI). Although the case presented some challenges, particularly because the client refused to submit to a breathalyzer test, Attorney Blair was able to suppress crucial evidence and substantially reduce our client’s charges.

The case in question involved our client’s DUI arrest, during which he refused to submit to a breath test. In the state of Washington, drivers who refuse a breath test may be subject to automatic license suspensions, and evidence of the refusal may be used as evidence against them in court. Given the circumstances surrounding our client’s arrest, however, Attorney Blair pursued a motion to suppress evidence of the breath test refusal.

By bolstering his motion to suppress with clear evidence and support from relevant case law, Attorney Blair was able to establish that using our client’s refusal to submit to a breath test as evidence would be an unconstitutional and unlawful curtailment of his Fourth Amendment Rights. Attorney Blair’s motion focused on establishing that a breath test is a search for constitutional purposes, and that because the breath test was warrantless, it could not be used against our client in court. Ultimately, the court granted the motion to suppress, and our clients charges were reduced from DUI to negligent driving in the first degree.

Arrested for Driving Under the Influence of Pot?

November 4, 2013 | by Blair & Kim, PLLC

Last November, pot was legalized for recreational use in Washington. The passage of this legislation, Washington Initiative 502, created many questions for users in Washington such as: How old do I have to be to use marijuana? How much am I allowed to have in my possession? Can I grow marijuana? Can I sell marijuana to others? What happens if I commit a violent crime or a crime against property while under the influence of marijuana? With confusion surrounding the Initiative, you may have been charged with violating Washington law. If you have been charged with a pot-related offense, call Blair & Kim, PLLC to talk to an experienced criminal defense attorney.

A month later, in December 2012, Washington developed DUI limits for pot use. This too led to questions such as: Can I smoke pot and drive? How much can I smoke before I drive? Is there a “DUI limit” for THC blood concentration? What is a “pot DUI” or a “marijuana DUI”?

To see how the Washington State Patrol (WSP) is responding to the passage of marijuana in the state, check out an article from National Public Radio’s Program All Things Considered: http://www.npr.org/2013/11/06/243466218/there-may-be-a-green-light-for-pot-but-not-for-driving-high.