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 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