Archive for April, 2010

What not to do when pulled over…part two

Friday, April 16th, 2010

Things you should not do when pulled over; offer the police officer a drink, offer to take the police officer out for a drink, make loud and contradictory statements, and offer the officer goods or services for not being put under arrest.

To be frank, if you are pulled over and you know that you have broken the law, the less you do or say the better.  Last week when Rommy Gutierrez was pulled over in Florida for what will be her third DUI violation, she did not follow this rule.

While a Lee County Sheriff turned on his lights and sirens to pull her over, Gutierrez turned off her one working headlight (it was nighttime) and turned on her windshield wipers (it was not raining).  The following are some of her potent quotes: “I’m coming from my house,” “I’m going to my house,” “one thousand, two thousand, five thousand,” “one, two, three, four, five, five, eight, nine, ten.” “You are being too hard, why are you making this so difficult for me” (when asked to touch her finger to her nose).

In my time as an Oregon and Washington DUI attorneys, I have seen many similar reports.  What is sort of astonishing about this case, is that it was her third drunk driving charge.  At some point along the way, you would have thought that she would have learned a few lessons about what to do if you are pulled over.

All in all, Gutierrez was charged with DUI, marijuana possession, and bribery of a public servant. The later charge came up after her arrest while she was in the police station.  Due to the report being redacted, we won’t know until her trial what she said.

There are two lessons that I like to take from stories like this.  One, I have already shared with you, “those who don’t talk, have the best chance walk.”  The less said after being pulled over, the better.

The second is this, “nip the problem in the bud.”  What does that mean? Gutierrez already has two DUI’s on her record when she was pulled over.  That is the law enforcement equivalent of painting a big red bull’s eye on your car.  Police officers in Florida and Washington State are constantly running license plate numbers through out their shifts.

When they see a Washington DUI, negligent driving, or reckless driving conviction on your record, you can bet your butt that they’ll find an excuse to pull you over.  A clean driving record is a precocious thing.  If you have one, fight to keep it.  If you don’t, you have a long hard fight to get it back.

Under Washington DUI law, prior drunk driving convictions within the last seven years can dramatically increase your penalties.  Anyone with a prior drunk driving conviction, even if it is more than seven years old, however, will be treated differently by the prosecutor handling the case.

Say friends, if you or someone you know is need of a good Seattle DUI attorney, it would be a good idea to call the Law Offices of Jason S. Newcombe.  They are experienced Washington DUI lawyers.

New Manager for State Toxicology Laboratory

Thursday, April 1st, 2010

Fiona Couper, 37, began her job as the new state toxicologist recently and spoke at a news conference on Monday.  Part of Ms. Couper’s job is to return credibility to the lab that was so disgraced under her predecessor Barry Logan, particularly as it relates to WA State’s breath testing program, which is a critical part of handling and prosecuting Washington DUI arrests and criminal charges.

She is currently reviewing audits, interviewing employees and analyzing data for the Seattle-based lab, which has come under tremendous scrutiny this past year when thousands breath-test results in Washington drunk driving cases were be suppressed by judges throughout the state.  She stated that her number one goal is to focus on regaining public and judicial trust of the state’s toxicology lab, especially as it related to WA State DUI cases.  Her stated goal is to ensure high-quality lab results by installing strict standards and protocols in the hopes of her laboratory attaining international accreditation.

Couper completed her undergraduate and graduate degrees in Australia.  While completing her doctoral requirements at the University of Washington, she previously worked as an employee at the state’s toxicologist laboratory.  She spent the last five years working as the chief toxicologist for the District of Columbia’s Medical Examiner’s Office, which had been shut down because of leadership and competency concerns, when she was hired.

At her news conference, Couper stated “I’m very much a scientist, and that’s what I’m focusing on.” She went on to add that “it’s already a great lab. I’m just going to improve on that.”  Many Washington DUI lawyers would strongly object with her unfounded conclusion that it was “already a great lab”.  In the opinion of many WA State criminal defense attorneys, it was actually nothing short of an embarrassment to honest science, as well as the state’s citizens, who deserve more.