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Wesley F. Irons, a 23 year-old Fort Lewis soldier was arrested on suspicion of Washington DUI, reckless driving, reckless endangerment, resisting arrest and third-degree assault when he crashed his Ford truck into the northbound lanes on Interstate 5.  In order to effectively fight these charges, Irons is going to need a good Tacoma DUI attorney.

It was reported by Iron’s girlfriend, who was a passenger in the truck, that he and another vehicle were aggressively cutting each other off on the freeway in what appears to have been yet another idiotic episode of road rage here in Western Washington.  The other driver, who was allegedly driving a Toyota, fled the accident scene and has not been located.  It was reported that Iron’s girlfriend told the police that road rage was the cause of the accident.  Obviously, Iron’s drinking was significant factor in both the road rage incident, as well as his Tacoma DUI charge.

Both Iron’s and his girlfriend were transported to Southwest Washington Medical Center for treatment of injuries sustained in the accident.  In addition, police had to restrain Iron’s from attacking a paramedic, and they had to use a taser on him.  Iron’s will also like face significant disciplinary action from the military for his Washington DUI incident.

A drunken driver who crossed Washington State lines into Oregon, where he was arrested and prosecuted, can also be prosecuted for a DUI in Washington, the Washington State Supreme Court ruled.  In January of 2007, Washington State Troopers followed Santiago Rivera-Santos to Portland, where he was arrested for a DUI.  His blood alcohol level was a .17.  He was later convicted of on a charge of DUI in Oregon.

When prosecutors in WA State filed criminal charges for a Washington DUI on Mr. Rivera-Santos, he protested the charge as violating his constitutional rights against double-jeopardy.  In a unanimous ruling, the Supreme Court ruled that since Mr. Rivera-Santos was not being charged with the same crime twice, but for two different charges: driving under the influence in both Oregon and Washington, that his constitutional rights were not being violated.

If Mr. Rivera-Santos is smart, he will retain an experienced Washington DUI lawyer to assist him with his case.  Washington’s drunk driving laws are harsh, even for first time offenders.  What’s really unique about Mr. Rivera-Santos’ case is that this could arguably be his second DUI conviction, even though it’s for his first offense. 

A good WA State dui attorney, however, should be able to argue that the prior conviction should not count against him as a first strike since it occurred as a result of the same incident, or within two hours of the first incident. 

Our offices have been successfully handling and resolving Washington DUI cases now for over a decade, and none of us have ever seen or heard of anything like this before.  For obvious reasons, it’s a very, very unique factor.  But one that indeed created a very interesting question of mixed fact and law.

Shastina Lapping, a 24 year-old woman from Battle Ground, Washington, had her arraignment date set for December 8^th for multiple charges, including a Washington DUI and Vehicular Homicide.  The arraignment for her WA State drunk driving charge is in Clark County Superior Court. 

Last May, Ms. Lapping was driving her Buick when she lost control around a curve, went off the road, hit a tree and flipped the vehicle.  She was treated and released from Southwest Washington Medical Center.  As result of the accident, a Washington DUI investigation was initiated.  Tragically, a passenger in the vehicle, Ms. Emily Buck, died on July 3^rd of blunt-force injuries as a result of the accident.

The two women and some other friends went out for dinner and drinks at the popular Brush Prairie bar and grill, which is located in the state of Washington.  At around 1 a.m. on May 9^th, Ms. Lapping lost control of her vehicle and was involved in the single car accident.

It was reported that she was driving 78 mph in a 50 mph zone, when the accident occurred.  At the hospital, the WA State DUI investigation revealed through an alleged blood sample that Ms. Lapping’s blood-alcohol content was 0.13, this was an hour and a half after the crash.  The Washington State police report inidciates that Ms. Lapping admitted to having several shots of hard alcohol and a beer while at the bar and grill.

Washington’s DUI laws are swift and punishing when someone is injured as a result of an accident caused by a drunk driving.  Ms. Lapping will need an experienced Washington DUI attorney to assist her.  At this point, she has been appointed a Public Defender for her case, and a pre-trial date will be set after her arraignment on December 8^th, assuming that she pleads not guilty at her arraignment.  Ms. Lapping is currently on a supervised release while the case is pending.

Joseph Genovese Jr., a 20 year-old South Philadelphia man, plead guilty to aggravated assault by vehicle and homicide by vehicle while driving under the influence (being DUI).  His sentencing is in April and he is facing a 13 to 27 year prison sentence.

In July of 2008, Mr. Genovese ran a red light while apparently DWI outside of Citizens Bank Park.  In the process, he ran over two St. Louis Cardinal fans who also happened to be school teachers who were attending the game.  The teachers traveled to different ballparks each summer to watch their beloved Cardinals play.  The accident killed Cindy Grassi and severely injured Sandra Wacker.

On his MySpace page, Mr. Genovese had often boasted of alcohol and driving exploits. He even posted about driving in excess of 100 mph on a strip near the ballpark.  If these were a Washington DUI case, this information would probably be strongly considered by Mr. Genovese’s sentencing judge, and it certainly would not hurt him.

Washington DUI law involving situations where a drunk driver kills or seriously injures someone is similar to Pennsylvania law.  If you are DWI in WA State and seriously injure someone, you are will face multiple felony charge and will be going to jail for many years.  Don’t drink and drive in Washington state.