In Washington state, individuals with a criminal record may be eligible for expungement. Expungement, also known as vacation of a criminal record, allows individuals to erase or seal their prior convictions. Seeking expungement can be a path toward a fresh start for...
Misdemeanors
Baltimore and the War on Drugs
It is not always crystal clear what causes things like riots to get out of control. One politician even blamed gay marriage for what has been happening in Baltimore recently(!) I try to be open minded about other people’s opinions, but seriously? A more serious...
Navarette v. California: Anonymous Claims Sufficient for DUI Stop
In Navarette, the United States Supreme Court recently held that an anonymous informant’s tip that a certain truck “ran her off the road” was sufficient to provide reasonable suspicion of DUI to support a traffic stop. The opinion is problematic as it will have far...
Domestic Violence and the Home in Washington State (PART 2)
In part 1, we discussed what is required for law enforcement to make a warrantless entry into the home. The state must prove each of the following elements of the emergency aid exception to the warrant requirement: The police officer subjectively believed that...
Domestic Violence and the Home in Washington State
The law has recognized that “every man’s home is his castle.” This does not mean that a homeowner can do whatever he or she pleases or engage in abuse. For example, Ray Rice of the Baltimore Ravens has recently seen that he is not above the law. But it is true that...
Part 2: Conservatives Should Support Fed Legalization Of Pot In Washington State
In Part 1, we talked about the original understanding of the Federal commerce power and how it has been eroded. The gross, substantial expansion of the Federal Government’s power that occurred in the twentieth century is discussed below. Up until about the 1930’s the...
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...
Using the Law of Self-Defense to Defend Against No Contact Order Violations
Attack the No Contact Order Itself to Defend Against A No Contact Order Violation in Oak Harbor, Seattle, Whidbey Island Courts issue no contact orders while criminal cases are pending. For example, former NBA player and Eastern Washington University coach Craig Ehlo...