kriscarrascoPolice Use Old DUI Form Vancouver WA DUI Attorney The Washington State Patrol has not updated their Implied Consent Warning form they use during a DUI arrest. Implied Consent Warnings are explained to you prior to you choosing whether or not to take the BAC breath test. There is a whole body of law … Read more
2 Domestic Violence Dismissals [custom_frame_right][/custom_frame_right] After weeks of negotiation and hard work, the prosecution dismissed an Assault 4 DV charge against my client. We convinced the government that it was my client who was being abused by her husband for years and that when police arrived the husband manipulated the situation to make it … Read more
New DUI Laws in Washington The Washington legislature recently signed a 75 page bill that will significantly change DUI law in Washington. ESSB 5912 is expected to be signed into law by the governor and many of the changes will go into effect by the end of September. Warrantless Arrests for DUI The bill … Read more
Can 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