Posted by Jonathan Rands on October 31, 2010
There is no need to wonder, as this exact scenario is taking place just a little north of the city of Bellingham, Whatcom County in the Canadian Province of British Columbia (BC). From all accounts, the lowering of the limit is a complete and total disaster. This sentiment is not from the expected opponents of the law, but rather those charged with enforcing the new law- the police. The story (below and bold) of the new lower DUI law appearedRead More
Posted by Jonathan Rands on October 27, 2010
Last week the Washington Supreme court issued their ruling in State v. Eriksen, what appears to many to be a a simple case of DUI. However, given the location of the stop and arrest, the case contained an important issue and created a question as to whether a Tribal Officer had the authority to go beyond the tribal lands in making the stop and arrest? This precise issue has not yet been determined until now. Previously, a similar issue thatRead More
Posted by Jonathan Rands on October 20, 2010
This summer (June) the United States Supreme Court (USSC) issued a ruling contrary to the longstanding belief that, silence by an accused who informed and warned of the right to remain silent was an obvious invocation of the right. The case is BERGHUIS v. THOMPKINS. Traditionally, a person’s silence after being informed of their rights, specifically the right to remain silent made it very obvious that they were exercising that right. The new ruling by the USSC has changed thatRead More
Posted by Jonathan Rands on September 23, 2010
Yesterday, September 22, 2010, a King County District Court 3 Judge panel found that breath tests, previously held to be inadmissible for any purposes, opened the door to permitting the test once again. However, before they can be admitted the Judges required that uncertainty must be provided in discovery and to the jury or, upon motion, the breath test results will be suppressed. In the Court’s Decision the Judge’s wrote: For the reasons stated below, we hold that historic standardsRead More
Posted by Jonathan Rands on August 14, 2010
This week in Whatcom, Skagit, Island, and many other counties in Washington State, the “Drive Hammered get Nailed” campaign begins and continues through Labor Day. While the message is clear, — You’ll likely get Nailed by local and state law enforcement if you drive hammered, the actual effect is such that some legally sober driver’s will be caught in this overly wide “net” that is cast by law enforcement. There is no doubt that the enforcement of laws is aRead More
Posted by Jonathan Rands on August 5, 2010
Last Friday the Bellingham Herald ran the following headline and story: Calibration error puts DUI tests across Alaska in doubt. The article written by James Halpin originated from the Anchorage Daily News and states that “Nearly 2,500 breath-alcohol tests conducted in drunken-driving cases across the state over a period of nearly four years used equipment with flawed quality control standards. As a result defense attorneys say the flawed practice calls into question the accuracy of the test. State officials acknowledgeRead More
Posted by Jonathan Rands on July 19, 2010
Next week, the U.S. House of Representatives is expected to vote on a bill that is described as technology that can help eliminate drunk driving by “turning cars into the cure” through the development of advanced alcohol detection technology. This technology is known as Ignition Interlock Devices (IID). MADD is calling this bill “life-saving.” MADD suggests that it is working to “turn cars into the cure” by supporting advanced alcohol detection technology which will one day allow cars to determineRead More
Posted by Jonathan Rands on July 4, 2010
You have just been arrested and provided a breath sample that seems very wrong. There is no way that the printed result could be right. After all how could it be when you only had 1 drink? Or in another scenario, you have spoken with an attorney before you have to give a breath sample and s/he has advised you to give a breath test and then exercise your right to an “independent” test of your choosing and tell theRead More
Posted by Jonathan Rands on June 14, 2010
You may have seen or heard about Washington Roadside DUI “Sobriety Tests” and that officers use them not just here, but nationwide to justify their arrests. In Washington the law allows use of the tests as “evidence” to help prosecute drivers for DUI. In Washington state, the prosecuting attorneys does not need a breath test to move forward with DUI prosecution if the driver performed these roadside tasks. However, these tests do not account for the disability of ADD/ADHD that is recognized by theRead More
Posted by Jonathan Rands on May 16, 2010
New Legislation in the form of House Bill 2465 is Titled “BREATH TEST INSTRUMENTS–RESULTS—ADMISSIBILITY” and it becomes effective this summer, June 10, 2010. The legislation affects the current statute RCW 46.61.506 which is the law that plays a role in determining whether a breath test will be admitted into evidence in a DUI trial and a civil Department of Licensing hearing. The actual change in the law appears fairly minor. These important changes are underlined: Prior to the start ofRead More
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