OWI stands for Operating While Intoxicated, sometimes referred to as Operating While under the Influence. It is an important distinction that this charge is “operating” rather than “driving”, as it implies the operation of a much wider variety of motor vehicles than just a car. Operating while under the influence of a controlled substance could refer to operating a jet ski, riding a bike, sailing a boat or any number of other activities that involve a mode of transportation that requires the active influence of an operator to run. The charge implies that you were too influenced by some sort of controlled substance, whether that is alcohol, prescription drugs or street drugs, to safely and effectively operate the vehicle. Due to the potential damage and injury that could be caused by a compromised operator, these charges are extremely serious and could carry devastating consequences including long jail sentences, staggering fines and even loss of operation privileges. OWI lawyers are prepared to confront these charges and defend you against the consequences so you can move on with your life.

Cinco De Mayo falls on Sunday this year and it is almost certain Washington citizens will be celebrating throughout the weekend. While the celebration is totally legal and fun, please do not drink and drive, not only is it illegal, it is incredibly dangerous

Beginning Saturday, May 4, 2013 Washington State patrol will be specifically targeting roads that are known to be high risk for DUI crashes in Seattle, Bellevue, Renton, Burien, and other King, Snohomish and Peirce county areas. Also, there will be several Mobile DUI unites that are prepared to quickly transport DUI arrestees, so that the Troopers and Officers stay on the road and enforce Washington DUIs.

To avoid a DUI on Cinco De Mayo please find a sober driver. Washington DUI penalties are some of the toughest in the Nation and they are only getting tougher. In the last several weeks there have been too many DUI fatalities in the news. It only makes sense to expect more King County DUI enforcement. If you do get stopped for DUI, please give us a call. However, pleas drink responsibly so you won’t have to.  Also, it should be noted that the Washington state Troopers will also be looking for Marijuan and
other drug DUIs as well.

Some of these questions include:
• Have you had a DUI charge before?
• What was the result of that case?
• Have you been charged with any other crime before?
• Were you driving?
• Whose car were you driving?
• Do you have insurance?
• Had you been drinking that day?
• Were you under the influence of any other substance?
• What happened when the officer pulled you over?
• What types of field sobriety tests were given?
• How were you treated?
It is critical you are completely honest with your attorney from the very beginning to ensure he is fully informed of the situation and can create a defense based on the facts. Honest answers will also develop trust between you and your attorney, which is important any time another person is playing as critical a role as this attorney will be playing in your life.

On April 25, 2013 HB – 1341 was delivered to the Governor to sign into law.

Washington State House Bill 1341 creates a claim for compensation for wrongful convictions and imprisonments.

“The legislature recognizes that persons convicted and imprisoned for
crimes they did not commit have been uniquely victimized. Having suffered
tremendous injustice by being stripped of their lives and liberty, they are
forced to endure imprisonment and are later stigmatized as felons. A majority
of those wrongly convicted in Washington state have no remedy available under
the law for the destruction of their personal lives resulting from errors in
our criminal justice system. The legislature intends to provide an avenue for
those who have been wrongly convicted in Washington state to redress the lost
years of their lives, and help to address the unique challenges faced by the
wrongly convicted after exoneration.”

The bill states that: any person convicted in Superior Court and subsequently imprisoned for one or more felonies of which he or she is actually innocent may file a claim for compensation against the state.

In order to file an actionable claim for compensation under the act, the claimant must establish by documentary evidence that:

(a) The claimant has been convicted of one or more felonies in superior court and subsequently sentenced to a term of imprisonment, and has served all or part of the sentence;

(b)(i) The claimant is not currently incarcerated for any offense; and

(ii) During the period of confinement for which the claimant is seeking compensation, the claimant was not serving a term of imprisonment or a concurrent sentence for any crime other than the felony or felonies that are the basis for the claim;

(c)(i) The claimant has been pardoned on grounds consistent with innocence for the felony or felonies that are the basis for the claim; or

(ii) The claimant’s judgment of conviction was reversed or vacated and the accusatory instrument dismissed on the basis of significant new exculpatory information or, if a new trial was ordered following the presentation of significant new exculpatory information, either the claimant was found not guilty at the new trial or the claimant was not retried and the accusatory instrument dismissed; and

(d) The claim is not time barred by section 9 of this act.

(2) In addition to the requirements in subsection (1) of this section, the claimant shall state facts in sufficient detail for the finder of fact to determine that:

(a) The claimant did not engage in any illegal conduct alleged in the charging documents; and

(b) The claimant did not commit or suborn perjury, or fabricate evidence to cause or bring about the conviction. A guilty plea to a crime the claimant did not commit, or a confession that is later determined by a court to be false, does not constitute perjury or fabricated evidence under this subsection.

(3) Convictions vacated, overturned, or subject to resentencing pursuant to In re: Personal Detention of Andress, 147 Wn.2d 602 (2002) may not serve as the basis for a
claim under this chapter unless the claimant otherwise satisfies the qualifying criteria set forth in section 2 of this act and this section.

(4) The claimant shall verify the claim unless he or she is incapacitated, in which case the personal representative or agent filing on behalf of the claimant shall verify the claim.

(5) If the attorney general concedes that the claimant was wrongly convicted, the court shall award compensation as provided in section 6 of this act.

(6)(a) If the attorney general does not concede that the claimant was wrongly convicted and the court finds after reading the claim that the claimant does not meet the filing criteria set forth in this section, it may dismiss the claim, either on its own motion or on the motion of the attorney general.

(b) If the court dismisses the claim, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law.

What the Court can award:

1. $50, 000 for each year of actual confinement including time spent awaiting trial and an additional $50,000 for each year served on death row.

2. $25, 000 for each year served on parole, community custody, or as a registered sex offender pursuant only to felony or felonies which are grounds for the claim;

3.  Compensation for child support payments owed by the claimant that became due and interest on child support arrearages that accrued while the claimant was in custody on the felony or felonies that are grounds for the compensation claim. The funds shall be paid on the claimant’s behalf in a lump sum payment to the department of social and health services
for disbursement under Title 26 RCW

See full HB 1341: http://www.leg.wa.gov/pub/billinfo/2013-14/Htm/Bills/House%20Bills/1341.html

This bill is very interesting. It also provides for attorney fees at life skills and education training. Does this bill make someone whole after being wrongly convicted? Probably not, however it does create a way for these unfortunate people to get back on their feet. If you feel this bill may apply to you, please feel free to give me a call.

DUI cases are different depending on the particular substance under which you were allegedly driving. Not only will the approach of the prosecutors be different, but so are the potential consequences you could be facing. It is essential you are upfront with your attorney from the very beginning of your case so he is able to devise a defense that is appropriate, aggressive and effective. This means you must be honest not only about the situation for which you were arrested, but any other instances of DUI or controlled substance use in your past. You don’t want this information to suddenly come up without your attorney’s knowledge as it may have a very serious negative impact on your chances to avoid serious consequences.

As soon as you become aware of your DUI charges, contact a lawyer. The earlier you are able to meet with this lawyer and begin planning your defense, the better the outcome of your situation will be there are certain information that you should be able to provide the first time with your attorney you will be able to get the clearest view of your situation, and build a defense that is appropriately aggressive and accurate.
Information you should have ready when you visit with your lawyer for the first time includes:
• Your driving record and any previous instances of being involved in such situations
• The blood alcohol content you had when the arrest occurred
• Any damages that were done to your vehicle, another person’s vehicle, or any other property in the course of the situation
• Any personal injuries that are being claimed by the other side
• The names of the officers involved in your situation, particularly the one who read you your rights
• The specifics of the situation—when, where, why and how for every aspect of your driving and your arrest.

Field sobriety tests are not designed to prove whether you are, indeed, impaired. No one who has ever been given a field sobriety test has been allowed to drive away, or been told “Well, you passed those tests so I guess you aren’t drunk.” In fact, once you have been asked to undergo a battery of field sobriety tests, the decision that you are drunk has already been made and the officer is just trying to gather more “evidence” against you. There is a major problem with this, and that is subjectivity.

The decision to arrest you on DUI charges has been made long before the officer asks you to step out of the car. As soon as they speak with you through the window, they have determined that you are impaired. This means that when they are putting you through these “tests”, they are looking for things that would support their assertion that you are driving drunk. It is also important to remember that many of these tests are much more complicated than they are made out to be, and would be failed by many people who have not had a drop of alcohol to drink. Fortunately, your Bellevue attorney will be prepared with an aggressive defense to tear apart the results of the field sobriety tests and protect you from the serious consequences of DUI charges.

Happy 420! As you may already know as of December 6, 2012 and the passing of I-502 marijuana has been legalized in the State of Washington. So, since this is the first 420 since the new law, everyone in Seattle is very excited. Don’t be surprised if Seattle Police and Washington State Patrol are aware of that.

How to safely enjoy 420 and avoid a DUI in Seattle

1. Like alcohol, if you are going to Smoke don’t drive. Find a designated driver.
2. Be cautious of driving for 24 hours after smoking. According to NHTSA, “some investigators have demonstrated residual effects in specific behaviors up to 24 hours.” Furthermore, the 5 ng/ml per se law has made it risky for any user to drive within 24 hours.
3. Make sure your vehicle is legal. For example, check that: All lights are working, both front and back license plates are secure, and tabs are current. In my experience most marijuana DUIs are stopped due to similar issues.
4. Don’t smoke in your car, even if parked. Police officers need probable cause to investigate a Seattle marijuana DUI. Often the first thing that sparks their interested is the smell of burnt Marijuana.
5. Store your marijuana in the trunk or at least a locked compartment and don’t agree to have your vehicle searched.
6. Do not participate in the voluntary field sobriety tests. The standards DUI field sobriety tests really have not application to marijuana impairment, but will still be attempted to be used against you as evidence of impairment.
7. Do not participate in a DRE investigation: DRE is often referred to as Drug Recognition Expert. This is a specially trained officer who by using a 12-step investigation process will gather evidence of your impairment. The investigation is voluntary, do not volunteer.
8. Don’t drive with a “chronic” sticker on your bumper or window.
9. Obey all traffic laws; don’t give an officer or trooper a reason to stop you.
10. You are not obligated to admit to smoking. Simply state: that you have been advised not to answer such questions.

DUI cases are different depending on the particular substance under which you were allegedly driving. Not only will the approach of the prosecutors be different, but so are the potential consequences you could be facing. It is essential you are upfront with your attorney from the very beginning of your case so he is able to devise a defense that is appropriate, aggressive and effective. This means you must be honest not only about the situation for which you were arrested, but any other instances of DUI or controlled substance use in your past. You don’t want this information to suddenly come up without your attorney’s knowledge as it may have a very serious negative impact on your chances to avoid serious consequences.