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
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.
Clark County Steps Up DUI Enforcement [custom_frame_right] [/custom_frame_right] Clark County has begun their annual DUI emphasis starting Friday, December 7. Highway signs warn drivers of the increased DUI patrols during the season. The increased patrols usually last until January 1. Keep in mind that in Washington, you can commit a DUI even if your blood … Read more
[custom_frame_right] [/custom_frame_right] Escapes DUI Charge In another example of Vancouver law enforcement getting preferential treatment in the criminal justice system, Detective Jeremy Free with the Vancouver Police Department was pulled over this weekend in Washougal after he failed to stop for a stop sign. Detective Free was with his wife and two children in the … Read more
DOL Hearing Fee Increase [custom_frame_right] [/custom_frame_right] The Washington Department of Licensing has increased the fee to request a hearing to contest a license suspension after a DUI arrest. This means that anyone arrested for a DUI, will now have to pay $375 to request a hearing. This is almost twice as much as the previous … Read more
Prosecutors Start Dismissing Marijuana Charges [custom_frame_right] [/custom_frame_right] Misdemeanor Possession Charges Being Dismissed Prosecutors around Washington have begun dismissing misdemeanor marijuana charges that fall within the requirements of the new law. Although the new law, Initiative 502, does not officially go into effect until December 6, 2012, we have been getting dismissals early. Here in Clark … Read more
New Marijuana DUI Law New Per Se THC Standard Measure 502, Washington’s initiative that decriminalizes and regulates the sale and use of marijuana, establishes a new standard for charging DUIs based on marijuana use. Typically, anyone charges with a DUI is being charged for consuming too much alcohol before driving. Washington’s DUI law RCW 46.61.502, … Read more