Posted by Jonathan Rands on March 10, 2011
Starting March 11, 2011 through March 20, 2011 law enforcement agencies will join forces throughout Whatcom, Skagit, Island, and almost every other county in Washington for a St. Pat’s DUI emphasis patrol. During these calendar days there will be extra police officers on patrol targeting 1 single crime – DUI. This local emphasis will not bring any luck to those who drink and drive to the point of being over the .08 limit. Those who over consume, will possibly beRead 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 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 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 June 20, 2010
Recently, Skagit County District Court Judges David Svaren and Warren Gilbert heard testimony from expert witnesses in support and in opposition to a defense challenge to the admissibility of breath tests due to the lack of adherence to scientific principles. Their ruling requires State Prosecutors to provide evidence of uncertainty in DUI prosecutions where a breath test was given. (Skagit Co Uncertainty Ruling) The defense expert witness, Ashley Emerey, a UW professor, testified that the generally accepted principles in the scientific communityRead More
Posted by Jonathan Rands on June 6, 2010
A DUI or Physical Control conviction requires the Judge to impose a very specific sentence. This sentence is set by the legislature and the judge can go no lower than what is proscribed by statute. For a list of mandatory penalties jrandslaw.com. What many people do not know is that within these mandatory DUI penalties is more mandatory penalties for a violation of certain sentence conditions. This “new” DUI Mandatory Sentence will require the court to impose the following additionalRead More
Posted by Jonathan Rands on May 29, 2010
On May 9, 2010 KGMI introduced the Sunday morning talk show of “The Legal Docket.” Bellingham DUI lawyer Jonathan Rands, talks with Tracy every other Sunday in hopes of educating the public about the little understood legal dangers of DUI as well as the widely known and publicized social dangers. In the the debut edition, Jonathan’s advice is straight forward and simple in explaining how to best avoid a DUI: “Don’t drink and drive.” While the advice is good, the simple factRead More
« Newer Posts