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 October 7, 2010
Ever since I was a young man and decided to be a lawyer those who knew, or asked this standard “occupation” query of any young person, there were always 2 more questions to follow: 1) What kind of lawyer do you want to be? And when the answer i gave was “criminal defense,” the second question always followed; “but how can you defend someone who is guilty?” The answer from me was always very simple and quick to leave myRead 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 September 6, 2010
In 2009 the legislature made a significant change to the laws regarding the ability to legally drive for those arrested for DUI. New legislation implemented a new type of license for those under suspension due to a DUI arrest or conviction. This new license is called an ignition interlock license (IIL). Previously a person suspended as a result of a DUI conviction or Department Of Licensing (DoL) administrative suspension/revocation had the ability to drive with an ignition interlock device butRead More
Posted by Jonathan Rands on August 30, 2010
Recently, Island County Judge, P. Strow found in favor of all DUI defendant’s when he ordered the production of breath testing bias. The order for production came in lieu of a order to suppress the tests which is what the defense originally requested when the prosecution had not provided information and calculations regarding the limitations of breath testing. Furthermore, it was ordered that such information be disclosed also to the jury during a DUI breath test trial. The ruling cameRead More
Posted by Jonathan Rands on August 21, 2010
This week the Court Of Appeals issued a ruling that appears to lessen the prosecutions burden when it decided the issue of prior offenses for the purposes of the felony DUI statute. The ruling came from Division One of the Appeals Court, State v. Paul 2010 . Division One’s decisions are binding authority on all lower courts (Superior, District, and Municipal) that are geographically located north of Interstate 90 and east to the mountains. The only higher state court is theRead 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 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
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