A Minnesota appellate court recently appears to have claimed that the state may criminalize a person’s refusal to consent to a warrantless search if the officer could have hypothetically obtained a warrant. You can read the opinion here. This is dangerous. It has long...
Driving Under the Influence
Part 1: Why Conservatives Should Support Fed Legalization Of Pot In Washington State
Conservatives champion small federal government limited to the express functions set forth in the constitution (i.e. enumerated powers), state sovereignty, federalism, separation of powers, laissez faire economics, and limited regulation. Yet some conservative pundits...
No New Laws That Compromise Freedoms – DUI Checkpoints in Washington State
It seems like every time there is a terrible tragedy, a cliche of a light bulb suddenly lights up in every politician’s mind and a thought bubble materializes over each politician’s head that reads: “bingo… I got an ‘NEW’ idea… how about a BRAND NEW LAW law?”...
Lawnmowers, Bicycles, and Skateboards: How Far Does DUI Go?
For a person to be guilty of DUI he or she must “drive a vehicle within this state.” RCW 46.61.502. But what exactly constitutes “driving” or a “vehicle” has sparked some discussion. Recently a man was cutting grass on his lawnmower. He had a few beers with friends...
The Basic Requirements that Must Be Established Before a Breath Test MAY be Admissible in Seattle, King County, Oak Harbor, Island County, and Western Washington
Basic Admissibility Requirements for Breath Tests in Seattle, King County, Oak Harbor, Island County, Western Washington: Major law enforcement campaigns exist to enforce DUI laws. However, with how life altering a DUI conviction can be, it is critical that the driver...
DUI CHARGE IN OAK HARBOR, SEATTLE, ISLAND COUNTY WHEN NOT DRIVING?
Oak Harbor, Seattle, Whidbey Island DUI/DWI lawyer and/or Seattle, Oak Harbor, Island County Drunk Driving Attorney discusses the DUI Corpus Delicti Rule. Many DUI cases arise after an motor vehicle accident. In such cases oftentimes no one, including the officer,...
Bobby Brown’s Treatment as Part of a DUI Plea Deal is Nothing New
Courts in Seattle, Oak Harbor, and on Whidbey Island May Require Individuals Facing DUI Charges to Get Treatment for Alcohol or Drug Abuse. Recently Bobby Brown, former husband of the late Whitney Houston, checked into rehab as part of a plea deal concerning his DUI...
No DUI Checkpoints in Seattle, Oak Harbor, or on Whidbey Island Over Labor Day Weekend
Oak Harbor, Seattle, Whidbey Island Driving Under the Influence Defense Attorneys Confirm that DUI Checkpoints and Roadblocks are Unlawful in Washington State. As Labor Day Weekend approaches media outlets continuously warn drivers that state troopers are on the...
Marshawn Lynch “Spotted Weaving” – charged with DUI
Seattle Seahawks player Marshawn Lynch was charged with DUI after he was allegedly spotted weaving. If Lynch was only spotted weaving, then the case should be dismissed. Period. This should be true even if Lynch was crossed over lane lines on a couple of occasions....
Pulled Over for DUI–The Fourth Amendment, Article I 7, Prado, and Archuleta
When one is charged with DUI in Island County or Seattle, they may have their entire case dismissed if the police conducted an unlawful stop. The Fourth Amendment and Article I, §7 of the Washington State Constitution The Fourth Amendment provides that people should...