DUI arrest in the City of Bellevue....Now what

If you get arrested for a DUI in the City of Bellevue then you case will be filed in the King County District Court - East division.  Even though it is a District Court the Prosecutor will be the City of Bellevue.  Typically if a defendant's case is in a District Court then the Prosecutor would be the County of the arrest.  So it can get a little confusing.  Here is the basic info regarding this Court.

Your arraignment date will typically be a month or so after your Bellevue DUI arrest.  Unlike the City of Seattle Attorneys Office in the Seattle Municipal Court or even the King County Prosecutors Office it takes the City of Bellevue a little bit longer to file a DUI charge.  Once they decide to file the DUI charge then you will receive a notice of Court date from the County indicating the date and time of your hearing.  Usually it is about two weeks away and you're required to be there.  If for some reason you cannot make it (i.e., you're out of town, or in treatment) then a continuance request can be made to change the date of the arraignment.  However this date will not be moved if you're simply too busy or you have to work.

The Courthouse itself is pretty small.  There are two Courtrooms occupied by Judge Garrow, and Judge Steiner.  Both have been Judges for quite some time so they know what they are doing.  The line can get a little long in the mornings, especially during trial week because there is only one metal detector and it always seems to be really sensitive.  FYI take off any belts, and watches.  Mine always seem to set the thing off.

As far as the actual DUI case in Bellevue goes.  The Prosecutors are tough to work with.  If you have a breath test over a .10 then they are not going to offer a reduction unless there are serious legal issues.  And even the reduction they do offer will more often than not be to reckless driving and not the lower charge of negligent driving 1.  

Lately it seems like I have been going to trial a lot on DUI cases in Bellevue.  My opinion on the juries out there are they are really conservative.  The last pool I had they were highly educated, a lot of Microsoft employees, engineers from Boeing, etc.  They were older.  Looking back on it there was only 3-5 potential jurors under the age of 35.  This can make for a difficult jury, especially in a DUI case where these types of jurors tend to not be as familiar with having a drink or two at dinner, or at least not be sympathetic to it.  Additionally since they work in fields involving math, and science they are more likely to place greater weight on the breath test results, field sobriety test results, and any other expert testimony offered by the Prosecutor.  I will say they are smart.  So a defense expert would not be lost on them.

Overall this is a pretty tough place to have a Bellevue DUI.  The Prosecutors can be tough to negotiate with.  However in my experience since the Bellevue Police Department doesn't have the experience of say the Washington State Patrol when it comes to DUI investigation they are more apt to make mistakes which can be capitalized by the Bellevue DUI lawyer.

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About the author: Matthew Leyba is a DUI lawyer in Bellevue.  His practice focuses on representing those charged with DUI and other traffic offenses.  He is currently rated as a Superb DUI Attorney by Avvo, and a Rising Star by Super lawyers Magazine.     

Leyba Defense PLLC has 50% dismissal rate on DOL Hearings in last 20 cases

If you have been arrested in Seattle for a DUI, or in Washington State for that matter then you face two separate legal actions.  One of the legal actions is with the Washington State Department of Licensing.  Depending on whether you took the breath test and you were over the legal limit, or if you declined the breath test, you're facing a suspension of your drivers license or privilege to drive in Washington State.

Now you have the right to challenge this proposed suspension.  However as most DUI Attorneys will tell you it is an uphill battle.  Just to give you an idea of how difficult it is to prevail and avoid the license suspension you need not look and further than the dismissal rates statewide.  These rates vary from year to year, but generally the dismissal rate hovers around 25%.  Meaning statewide 75% of people that get arrested for a DUI in Washington State get their license suspended administratively if they choose to challenge the suspension from DOL.  That fact doesn't give a lot of hope to people, both attorneys, and individuals facing the suspension.

With that being said, Leyba Defense PLLC currently has a 50% dismissal rate in the last 20 DOL Administrative Hearing cases we have defended.  That is twice the statewide average!  How is that possible you ask?  How can one attorney have double the success when it comes to these hearings?  

Well the answer is very simple.  I don't mail it in.  Meaning many so called DUI Attorneys out there look at the statewide average.  Figure they are going to lose the hearing anyway, so why prepare for it?  Why spend time doing something when you're going to lose.  Well obviously I don't agree with this line of thinking, and I think that is probably the biggest reason why I have been so successful recently.

Now obviously winning these hearings have more to do with preparation.  Often times there is a little bit of luck involved.  But in most cases hard work often pays off and being creative with your arguments.  In addition to spending hours preparing for the hearing instead of instead of a few minutes as most DUI Attorneys do, Im able to see things others don't.  Knowing what issues you're looking for, and what issues will be successful with a particular hearing officer is half the battle.  Knowing when to subpoena an arresting officer and when not to is a factor.  Since I have opened my own practice I have spend hundreds of hours perfecting this game plan.

When I first started I spoke with another DUI Attorney who I thought was a good attorney.  I asked him point blank what he does if on the surface he doesn't spot any legal issues that would help him prevail at this hearing.  He told me in those cases he will subpoena the arresting officer.  Hope they don't show up, if they do tell the hearing judge he has nothing and just accept the loss.  Not even try, not even ask any questions, not even may any legal arguments.  I couldn't believe that is how he conducted his practice, and needless to say I don't ask him any questions anymore.  But that is the problem out there.  Not to bag on how other attorneys conduct their practice, but to not even try or not even give it 100% effort is malpractice in my eyes.  And unfortunately in my opinion from what I see out there, a good chunk of Attorneys do this.

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Matthew A. Leyba is a DUI Lawyer in Seattle, WA.  His practice if focused on representing those accused of DUI and other related offenses.  If you have been arrested for a DUI contact our office immediately to set up a free no hassle consultation where we will discuss all your options, what to expect, and how we can help you.  

More than 800 in King County arrested for DUI from 11/25/10 - 1/2/11

Read article here

Matthew A. Leyba | Attorney
Leyba Defense PLLC | Seattle DUI Attorney