WWLD......What would legal minds do?

Instead of "what would Jesus do," how about "what would legal minds do."  I find it interesting that individuals that get arrested for a DUI here in Washington State that have a background in the legal system.  Whether it is a law enforcement officer, or whether it is a Judge.  What do they all have in common.  When they are being investigated for a DUI they decline to answer any questions.  They decline the field sobriety tests.  And in some cases they decline the breath test at the station.

Why is that?  They must know something the rest of society doesn't.  Perhaps it can be that the field sobriety tests are junk science only designed for a person to fail.  Or perhaps it can be that the breath test at the police station is a piece of junk and that is neither accurate nor reliable, despite what the Prosecutors and the Washington State Patrol Toxicology Lab say.

Now Im not here to violate these individuals privacy, even thou their arrest is public record.  Im not trying to embarrass anyone, or poke fun at their mistakes.  Obviously they are human, just like the people they arrest, and the people they preside over.  But what I want to point out is what a knowledgable individual does when they are being investigated for a DUI.  As you may know Im a Seattle DUI lawyer.  Many of my blogs here say the same thing over and over.  Decline the field sobriety tests, don't answer any questions without talking with a lawyer, and don't take the breath test without asking for a lawyer.

But sometimes I get the feeling people aren't listening because Im a DUI lawyer and somehow I have a dog in the fight.  This is why I bring up the Sargent with the Seattle Police Department who was arrested, and the Judge who was recently arrested.  Obviously they are familiar with the legal system, and in particular DUI cases.  They declined, and if that doesn't tell you how flawed everything is in a DUI investigation, I don't know what else will.  

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Matthew A. Leyba is a Seattle DUI lawyer located in downtown Seattle.  His practice focuses exclusively on representing those accused of DUI and other serious traffic offenses.  If you have been arrested for a DUI feel free to contact our office for a free 60 minute consultation that is completely confidential.

Seattle DUI Deferred Prosecution

Should I consider a DUI Deferred Prosecution?

A Seattle DUI or a Washington DUI for that matter is a very serious offense.  When a person is charged with this particular crime they face a mandatory amount of jail, a mandatory fine, a mandatory license suspension, a mandatory ignition interlock requirement, and period of probation.  These penalties vary depending on the number a prior DUI’s a person has and what the breath or blood alcohol level was. 

            However despite these penalties if a person is charged with a DUI then can choose to enter into what’s called a deferred prosecution.  This allows the accused to defer and potentially avoid all the mandatory jail, fines, and license suspension if they agree to certain terms that are outlined in RCW 10.05.   A person can do a deferred prosecution once in their lifetime for a DUI charge. 

            Now this may seem like a great idea, but a deferred prosecution is very complex resolution with very strict guidelines.  Essentially in order to qualify for a Deferred Prosecution on your Seattle DUI or Washington State DUI the first thing you need to do is a complete an alcohol and drug evaluation.  The results of this evaluation must find that you suffer from alcohol or drug dependence, and that you will enter and complete a 2-year alcohol/drug treatment program.  The cost of this type of programs depends on the individual treatment center where the program will be, whether you have insurance that might cover some of this.  But plan on spending around $3000 - $6000 on this 2-year treatment plan. 

            In addition to the 2-year treatment plan, you will enter into a contract with the Court where you Seattle DUI or Washington State DUI is in.  You will have to agree to a contract between you and the Court that will last 5 years.  During those 5 years if you successfully start and complete the 2-year treatment plan, abstain from alcohol and drugs, monitored by probation, and agree to having a functioning ignition interlock device in your vehicle the Court will dismiss the Seattle DUI or Washington State DUI charge at the end of the 5 years. 

            However if you fail to live up to your end of the bargain, when you enter into the Deferred Prosecution you agree that there are enough facts in the police report to find you guilty, and you waive your right to have a jury trial.  So if at any time during these 5 years it can be shown by a preponderance of evidence that you’re in violation of any of the agreed terms of the Deferred Prosecution the Judge can revoke your deferred and impose all the mandatory penalties allowed by law. 

            Many DUI Attorney’s tell people that a deferred prosecution is a good idea, because they can avoid all the jail and fines, and ultimately get the thing dismissed.  However my firm is very cautious about representing people who might want to consider this option.  In fact as of writing this, of the last 100 DUI’s we have defended only 4 people have entered deferred prosecutions.  That is only 4%.  Why?  Because there are a lot of things at stake and there are certain people who might not make the best candidate for this option. 

            If you’re considering this option or would like more information on entering a deferred prosecution on your Seattle DUI or Washington State DUI, please contact my office immediately.  An experience Seattle DUI Lawyer will be able to answer all of your questions and inform you of whether this might be a good option for you.  

Matthew Leyba | Attorney

Leyba Defense PLLC | Seattle DUI Defense

Local tow companies offer safe rides home for those who have been drinking

This holiday season several local tow companies have a special offer.  They will drive those who have had too much to drink home.  Watch the clip here

Remember extra Washington DUI emphasis patrols started over the Thanksgiving weekend.  Be safe.

Leyba Defense | Seattle DUI Attorney
www.leyba-defense.com