kriscarrascoCan You Drive with a Punched License? I was recently presented with a situation where a client was arrested for a DUI and the arresting officer punched her license and told her that she could no longer drive. What does this mean if the person’s privilege to drive has not been suspended yet? Generally, … Read more
Not Guilty – 2 Counts of Assault 4 DV Client was charged with assaulting his girlfriend and their baby she was holding when he pushed his way into their shared apartment. We showed that it was his girlfriend who pushed him first preventing him from going inside his home and that any injury to the … Read more
Domestic Violence Acquittal Assault 4 DV, Malicious Mischief 3 DV and Interference with Reporting DV – Not Guilty My client was charged with three domestic violence counts. We put the case in front of the jury and through cross-examination and a little help from the arresting officer’s testimony, the jury was shown how the alleged … Read more
SR-22 Insurance In Washington, when your license has been suspended for a DUI, you must show proof of insurance in order to have your license reinstated. This proof of insurance is known as SR-22 filing or SR-22 certificate. The SR-22 must be kept with the Washington Department of Licensing (DOL) for 5 years. SR-22 … Read more
Search and Seizure Case Update The Washington Court of Appeals Division II, recently decided a case concerning a person’s right to be free from unreasonable searches and seizures. The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. Likewise, Washington’s own constitution has a similar protection that is even … Read more
Deferred Prosecution for Indigent Defendants On January 17, 2013, the Washington Supreme Court en banc, recently decided that Washington law does not require the court to pay for an indigent defendant’s treatment while in deferred prosecution. RCW 10.05.130 is relevant statute and states that: “[F]unds shall be appropriated from the fines and forfeitures of … Read more
Mixed Motive Traffic Stops Legal The Washington State Supreme Court en banc recently ruled in their December 20, 2012 decision in State v. Arreola, that “mixed-motive” traffic stops are not in violation of Washington’s Constitution. Washington law has held that pretext traffic stop are a violation of a driver’s right to be free from … Read more
[custom_frame_right] [/custom_frame_right] My client who was charged with Assault 4 DV and Malicious Mischief 3 DV and was facing deportation because of the charges. The evidence included pretty damaging photographs of the girlfriend’s injuries and a damage to her property. We had the case set for trial and the prosecutor dismissed his case prior to … Read more
Washington Ignition Interlock Cameras [custom_frame_right] [/custom_frame_right] New Cameras Required in 2013 Starting January 1, 2013, Washington Ignition Interlock Devices will start taking pictures once the device is used. The new feature is intended to prevent those drivers who attempt to circumvent the purpose of the device by having someone else blow into it. The … Read more
Two DV Cases Dismissed [custom_frame_right] [/custom_frame_right] This week ended with the prosecution dismissing two separate cases where my two clients were each facing Assault 4 DV charges. Each was quite different and had their own weaknesses. Ultimately, the prosecution was convinced that a jury would probably acquit each defendant.