Archive for the ‘Law News’ Category

Proposed Legislation Calls for 3-Strike Rule for California DUI’s

Saturday, February 27th, 2010

Jerry Hill, an assemblyman from San Mateo, is proposing a 3-strike law that will allow judges to permanently revoke driver’s license for those convicted of a 3rd DUI in California.  The bill also would allow the Department of Motor Vehicles (DMV) to consider a driver’s complete driving record regarding drunk driving offenses.  Currently, the DMV is only able to research 10 years in the past for drunk driving offenses.

Representative Hill began the legislation after he became aware of two people in his district who have been convicted of DUI nine times, and are still legally qualified to operate a motor vehicle.  Frankly, this is astonishing.  The current Washington DUI laws do not prohibit someone with three DUI convictions from ever getting their license back.

But there are several DUI-related laws, including Washington’s Habitual Offender law, that result in multi-year suspensions if a person is convicted of drunk driving multiple times within a five or a seven year period.  This is one of the many reasons why our Seattle DUI lawyers fight so hard to get every Washington drunk driving charge reduced.

California DMV statistics show that over 34,000 motorists in the state have 3 or more DUI convictions on their records.  Additionally, there are over 154,000 California motorists that currently have 2 or more DUI convictions on their driving record.

Florida Deputy Charged with DUI

Thursday, February 25th, 2010

A Polk County sheriff’s deputy was arrested for DUI on December 31, when he was found passed out behind the wheel of his idling Jeep.  One of our Washington DUI attorneys recently represented two defendants in cases that were similar.  Incredibly, one of our clients was actually stopped on North-bound I-5 just north of the University District.

According to the officer’s report, the driver was passed out while the car was in drive but their foot was on the brake.  In the other case, the client was alleged to have been sleeping in his car while it was running at a four-way intersection.  According to the Washington DUI arrest report, the passenger was also asleep, and it took several minutes for the responding officers to wake both people.

In the Polk County, Florida case, Deputy James Pruitt, 37, was booked into the county Jail for suspicion of DUI.  He refused a breathalyzer and was reported to have failed the field sobriety tests.  Pruitt, who was hired as a sheriff’s deputy in 1994, is currently suspended without pay, until the investigation of the DUI is completed.

Drunkest Cities of America

Wednesday, February 24th, 2010

Men’s Health Magazine released it’s listings of the top 100 drunkest cities in America. Many factors were considered, including accidents attributable to alcohol consumption, the number of DUI arrests, and the number of deaths attributable to alcoholic liver disease.

Two of the top 5 positions, including the #1 drunkest city of America, were in California. The top 5 are, as follows:

  1. Fresno, CA
  2. Reno, NV
  3. Billings, MT
  4. Riverside, CA
  5. Austin, TX

 

The city that came in as the least drunk city in America was Boston, Massachusetts.  Seattle was not among the top five drunkest cities in America.  But Seattle DUI arrests continue to be on the rise as enforcements of Washington’s drunk driving laws remain a high priority.

If you are arrested AND convicted of DUI here in Seattle, or elsewhere in Washington State, you will face harsh mandatory penalties that include going to jail, losing your license, having an ignition interlock device placed into your vehicle, and attending alcohol treatment if your assessment deems it warranted.

The best way to avoid a Seattle DUI arrest is simply to never drive after you have consumed any alcohol at all.  A taxi cab fare may seem expensive at the time.  Compared, however, with the costs of fighting a Washington Driving Under the Influence of Intoxicants charge, it’s a real bargain.  Think about it the next time you are tempted to drive after having consumed liquor or beer.

Georgia Lawmaker Wants Ignition Interlock for All DUI Offenders

Monday, February 22nd, 2010

Rep. Tom Knox is proposing a new law for the state of Georgia that would give judges discretion on a case-by-case basis as to whether ignition interlock devices should be required, even for 1st time DUI offenders.  Washington State actually already has a first-time offender ignition interlock device law in place that is much more stringent.  The Washington law requires the installation of the device for every DUI conviction, even a first offense.

If you are convicted of drunk driving here in WA State, you will be required to have an ignition interlock device put into any car that you drive for a period of one year from the date that you are eligible to have your driving privileges reinstated.  This includes work vehicles unless your employer signs a waiver, and it’s approved by the Washington State Department of Licensing.  This is one of the many reasons why our Washington State and Seattle DUI attorneys fight so hard to try and get first time offenders’ charges reduced down from Driving Under the Influence of Intoxicants.

The legislation proposed in Georgia would allow judges to order the installation of an ignition interlock device following any conviction for a DUI.  Under the proposed law, a judge would be able to stipulate the mandatory installation of the device for all DUI cases, including first time offenders.

Rep. Knox hopes that his proposed legislation will help decrease DUI arrests, especially for those who are repeat offenders.  The Washington DUI law regarding mandatory installation was enacted under a similar rationale.

A few of our Seattle traffic lawyers have a particular pet peeve.

Sunday, February 21st, 2010

Drivers who fail to use their turn signals at an intersection.

You are waiting for a light to turn green while in the left lane.  The light changes but the vehicle in front of you is not moving.  Unfortunately for you, that city of Seattle driver wants to take a left turn but failed to signal. 

Had he done so, however, you could have easily gone around him.  But now you are stuck behind him while everyone else is passing you on the right.  Frankly, many of our Seattle traffic ticket attorneys wish City of Seattle police officers took it upon themselves to write a few more tickets under RCW 46.61.305 in these types of instances, as opposed to ticket a guy for making an unsignaled lane change when no one is within 500 yards of him.

Reality Star Arrested and Jailed for DUI in Seattle

Friday, February 19th, 2010

Jake Harris, a deckhand on the fishing vessel Cornelia Marie of the Discover Channel series Deadliest Catch, was arrested and jailed for drunk driving and hit and run charges in Seattle, Washington.  DUI is a very serious charge is WA State.  If convicted, Harris is facing mandatory jail and a mandatory license suspension.  In order to successfully fight these charges, he is going to need to hire an experienced Seattle DUI lawyer.

Harris, 24, was arrested when concerned citizens alerted the authorities of a person driving erratically in the Shoreline suburb of Seattle.  Apparently, Washington law enforcement was able to spot the vehicle by aircraft, and make the arrest.  According to the Washington DUI arrest report and other press releases, Harris failed the field sobriety tests and refused to take a breathalyzer.

In addition to the Seattle DUI charge, the authorities discovered damage to the BMW 3 series vehicle and determined that Harris was involved in a hit and run with another vehicle earlier in the evening.  Harris was also cited for driving on a suspended license.

The vehicle was registered to his father, Captain Phil Harris, who recently passed away from a stroke.  It has been reported that Mr. Harris has been struggling with grief after his father’s death.  If you or someone you know has been arrested for drunk driving in Shoreline, WA, it will be important to hire an experienced and aggressive Seattle DUI attorney.

Jaywalking with city limits of Seattle

Wednesday, February 17th, 2010

Most of our Seattle speeding ticket attorneys don’t have a problem with people jaywalking when there is no traffic around.  However, it is common courtesy to not step off the curb midblock and impede oncoming traffic.  We also receive a handful of calls every year from driver’s who get cited for an unsignaled lane change or failure to yield violation when a pedestrian has jumped out in front of them.  In these types of Seattle traffic ticket cases, we almost always end up having to go forward with a contested hearing (trial) so that our client can explain what really happened.  In most cases, the ticket gets dismissed.

Moreover, we all find it especially rude when the pedestrian puts up his arm in a “halt” manner like a crossing guard while he jaywalks.  Under the city of Seattle traffic laws, jaywalking is illegal.

Now, while vehicles do have a right of way in these jaywalking instances (RCW 46.61.240), our Seattle traffic attorneys do not recommend an “open season” mentality on all jaywalking pedestrians within striking distance your vehicle.  That will almost certainly result in a Seattle Superior Court felony charge of vehicular assault.  It’s best to just bite your tongue and let the idiot pass.

Most of the time, jaywalking is simply an infraction that costs
the city of Seattle violator around $38.
It should be noted though, if it is egregious enough, it could rise
to the level of misdemeanor.
(See City of Seattle Municipal Code 12A.12.015 and RCW
9A.84.030(1)(c).)

MUST BE NICE TO BE A HILTON

Saturday, February 13th, 2010

Barron Hilton, brother of Paris, was recently presented with a $60,000 gift from daddy, for successfully re-obtaining his drivers license after a no contest plea to a DUI in 2008. His gift was a new, black, 2010 Mercedes E550 Coupe.

Hilton pled no contest to the 2008 charge, where he was arrested for a DUI and was alleged to have hit a gas station employee with his car.  In WA State, if you are in an accident that involves injury to another person and have been drinking, you can be charged with assault with a vehicle, especially if the victim is seriously injured.

Barron, who is 20 years old, was reported to have gone to a California DMV and was required to re-take his road test, in order to get his license back.  He obviously passed his test, and claimed his reward afterward.

In Hilton terms, he is still being punished by Dad for his mistake.  His 15 year-old brother, Conrad, is currently learning how to drive in dad’s $200K Bentley!

UTAH SENATOR RESIGNS 1 DAY AFTER DUI ARREST:

Tuesday, February 2nd, 2010

Utah State Majority Leader, Sheldon Killpack, resigned his position on January 16, 2010, exactly one day after being arrested for a DUI (Driving Under the Influence of Intoxicants).

The 41 year-old State Senator had supported and sponsored drunk-driving legislation during his 6-year tenure in the State Senate.  His father died, as a result of an accident, caused by a drunk driver.

Killpack was pulled over early Friday, January 15, 2010, in Salt Lake City.  The Senator performed some field sobriety tests, but refused to agree to a Breathalyzer test.  The arresting officer obtained a warrant, and a blood test was administered.  The blood test results are not yet known.

Senator Killpack is a member of the Mormon faith.  His religion strongly counsels that its members should abstain from any alcohol consumption.

Senator Killpack was remorseful after his arrest.  He agreed to be held accountable for his actions.  Say, if live in Washington state and are looking for a good Seattle DUI attorney, we would recommend that you call Jason S. Newcombe.

FORMER USC FOOTBALL STAR ARRESTED FOR DUI

Friday, January 29th, 2010

Rey Mauauluga, a former star linebacker at the University of Southern California, was charged with reckless driving and a DUI recently in Kentucky.

It was reported that he caused an accident when he drove into two parked cars and a parking meter.  This same report is indicating that he blew almost double the legal limit for Kentucky.  His BAC was alleged to be .157.

According to the arresting officer, Mauauluga stated that he had “drank about six Captain and Coke drinks.”  Under Washington DUI law, if your BAC is above a .15, you are subject to increased minimum mandatory drunk driving penalties.