WA State legislator proposes bill that would make fourth offense DUI a felony

Now that the 2015 Washington State legislative session is under way.  The annual what can we do to make DUI laws tougher here in Washington State has begin.  The latest example is a proposed bill that would make a fourth offense DUI a felony.  Currently under Washington law a felony DUI law charge applies if a driver has been convicted of a DUI four times within the past decade, essentially making a fifth offense DUI a felony.  

This legislation was proposed last year, and the year before, and the year before it seems.  And it always comes back to the same thing.  Money.  Like all things it always comes back to money.  Regardless of how you feel about DUIs, and by now means do I condone drinking and driving.  But the cost of new legislation and implementing the laws means more in some cases than the idea.  

Would making a fourth offense DUI a felony be a good idea.  Of course it would.  Despite being a DUI Attorney in Seattle, if a driver doesn't learn their lesson by the third time then chances are nothing is going to help them.  At least that is my opinion.  Perhaps facing a lengthier jail sentence would cause a multiple repeat DUI offender to reconsider their choices.  

The problem with this legislation is how will the bill be implemented financially.  It is not as simple as saying okay your fourth DUI is now a felony.  There are costs that need to be factored.  Probation, jail, and monitoring fees are just a few off the top of my head.  

If you're interested in an article about this new legislation here you go.  I would be surprised if this bill passed.  Again not because it is not a good idea, but we still don't have any money here in Washington State.  

_
About the author:  Matthew Leyba is a DUI Lawyer in Seattle.  He has been repeatedly recognized as one of the best Seattle DUI Attorneys by the Seattle Met Magazine, and is currently the highest rated Seattle DUI Lawyer by Avvo.com 

Funding shortage causes WA low income drivers to lose IIDs

If you get convicted of a DUI in Washington State you will be required to have an ignition interlock device on any vehicle you drive.  The time frame varies depending on the number of prior times a driver has been required to have an IID.  But it can range from 1 year to 10 years.  The Washington State legislature created a program to allow low income drivers to get reduced rates on IIDs that are subsidized from other drivers paying for the ignition interlock license.  Unfortunately this may be coming to an end.

The funding has dried up unexpectedly due to the money for the program somehow getting funneled into another program for prison inmate treatment.  How it worked was if a driver was convicted of a first time DUI then they would be required to get an ignition interlock device.  They would have to apply for what is called an ignition interlock license in order to drive during that one year.  The license itself costs $20 a month to maintain.  That $20 went into a pot that was reserved for those drivers who could not afford the IID due to their financial situation.  

Because of the loss of these monies it is being reported that over 2000 drivers are going to lose their ability to maintain the ignition interlock license because they will not be able to afford the ignition interlock device.  At that time they will be faced with two options.  Either not drive or choose to drive in violation of the mandatory sentence.

Unfortunately this seems to be nothing more than politics.  It is a little surprising since DUI cases have been such a hot button issue for the past few years.  With many law makers crying about increasing the penalties and keeping drivers off the road following a DUI arrest.  Well these very law makers are the ones who screwed over the very people they are trying to protect by losing this money set aside for this program.  I guess it just shows you votes are more important to them than the actual issues they are "crying" about.

Here is the link to the news article where I saw this if you're interesting in reading.    

_
About the author:  Matthew Leyba is a DUI lawyer in Seattle, WA.  His practice focuses on representing those charged with DUI and other related offenses.  He has been name one of Seattle's Best DUI Lawyers Rising Star multiple times by the Seattle Met Magazine.  He is also rated a 10/10 by Avvo.com.  If you need a DUI Lawyer in Seattle call Leyba Defense PLLC.

Star Wars type alcohol DUI laser device coming to a City near you...Maybe

A new fangled Star Wars type laser device used to detect alcohol vapor has been created by Scientists in Poland.  This is some pretty crazy yet fascinating technology that has been developed.  Essentially its a laser device that can detect alcohol vapor like that which has been exhaled by someone who's been drinking.  Now the kicker is supposedly it can be detected inside a moving vehicle as it passes by the handheld device. 

This device is in the very early stages of development.  I guess it was successfully tested by aiming the laser at a car as it was passing by.  The car's interior had been filled up with alcohol vapor, my guess is probably a whole lot of this stuff.  Although I'm not quite sure what the alcohol vapor was but it was supposed to simulate someone's breath after they had been drinking.  

My guess is something like this is far off from ever being implemented by law enforcement.  The article I read about it pointed out several issues that have not been figured.  

First it doesn't appear the device could differentiate from a driver and a passenger.  Imagine getting pulled over for a DUI by this thing and the driver is stone cold sober and acting as the designated driver.  You think some 4th amendment issues there, probably.

Secondly there was some countermeasures that could be implemented.  For example opening the windows, or having tinted windows the laser could get through.  Additionally what if somebody was smoking or there was some other kind of vapor inside.  How could this laser get through.

As I stated, I highly doubt something like this gets implemented in the near future.  However you never know.  In the jurisdiction I practice, Seattle, WA DUI's are becoming more and more targeted.  It's just not people over the legal limit, but anyone who has any kind of alcohol in their system are being stopped, detained, and arrested.  

I know I sound like a broken record but it is not a good idea to drive in Seattle, WA if you have had anything to drink.  It won't matter to the Seattle Police nor the City of Seattle Prosecutor's office if you're under the legal limit.  They will still come after you so don't take the risk. 

If you're interested in reading more about this crazy laser device, here you go. 

_
About the author:  Matthew Leyba is a practicing DUI Attorney in Seattle, WA.  He has been named on of the best Seattle DUI Attorneys numerous times by the Seattle Met Magazine.  Additionally he is rated a perfect 10 out of 10 by Avvo.com

What is a "nolo contendere" plea in a DUI case

If you have been following the news lately, specifically news related to the NFL.  You undoubtedly will have seen that Aldon Smith of the San Francisco 49ers recently resolved his criminal problems via a "nolo contendere" plea.  He entered this plea to three felony counts and two DUI counts.  If you like you can read it about it here.  So what is this "nolo contendere" plea and how does it work?

Well first of all what does it mean.  "Nolo contendere" is a latin phrase that translates to no contest.  In certain U.S. jurisdictions this type of plea is allowed where a defendant enters this plea of no contest.  Neither admitting guilt nor disputing the charge.  It effectively works as a guilty plea in the sense the charges still result in a conviction, the defendant is still sentenced as if they pleaded guilty.  Unlike a guilty plea however the defendant may not be required to allocute the charges.

So why we Aldon Smith do this.  If you followed his cases then you know there was a lot of evidence stacked up against him.  Due to the string of criminal offenses, plus his notoriety he problem wasn't going to be them.  This was a way for him to take responsibility but not admit guilt.  Its a technicality but still shows some accountability on his part.  

Now this is a Washington State specific blog.  So if you're wondering whether Washington State would allow a "no contest" plea on a DUI case.  Unfortunately not.  However we do have what is called an Alford Plea.  Many view it the same as a no contest plea.  Although there is different terminology.  

In an Alford Plea on a DUI case here in Washington State.  A defendant would say they believe there is enough evidence to convict them of the DUI.  Therefore they wish to take advantage of the Prosecutors sentence recommendation and enter an Alford Plea.  They understand it will result in a conviction the same as if they went to trial.  

How often does an Alford Plea happen in DUI cases here in Washington State.  Not many.  In my 10 years I think I have only entered one Alford Plea.  Most times Prosecutors will not allow it because they want the defendant to actually say they are guilty.  Additionally if a person is pleading guilty to a DUI or even a lesser charge they probably don't believe they are completely innocent.

However an Alford Plea is an option a defendant would have in Washington State.  If it is something that interests anyone facing a DUI in King County, WA and you're reading this blog feel free to contact my office and we can discuss the pros and cons of it.

_
About the author:  Matthew Leyba is a DUI Lawyer in Seattle, WA.  He is rated a perfect 10 out of 10 by Avvo.com, a lawyer rating service.  Additionally he has been repeatedly named a Rising Star in the area of DUI Defense by the Seattle Met Magazine, an honor less than 2.5% of all lawyers receive in their respective field of practice.  Contact Leyba Defense to find a DUI Attorney in the Seattle area.   

DUI suspect in Spokane arrested for DUI following plea to vehicular asault

In a case of you would have to see it to believe it.  A man in Spokane, WA recently was arrested for DUI on the same day he pleaded guilty to vehicular assault.  Yes you read that correctly.  A man in Spokane, WA was out on $93,000 bond until his sentencing on the vehicular assault case, when he decided he had to booze it up one last time and got arrested for DUI and hit and run.  

This has to be one of the most stupid things I have ever read.  I understand people make mistakes.  Trust me, nobody understands more than I do.  Im a DUI Attorney in Seattle, so I understand.  But when you enter a guilty plea to a vehicular assault charge, you're out on bail pending sentencing, and then you decide it's a good idea to get drunk and then drive.  I'm sorry but that is just pure stupidity.  

Because of that guys actions.  The plea he entered is in jeopardy.  He will probably get the high end of whatever is sentencing range.  His bond will most likely be remanded and he will remain in custody until his sentencing.  Oh and his new DUI.  I'm pretty sure regardless of the facts his bail will be extremely high, plus he can forget about getting any deals on that case.  

Whenever I have a client in this position.  Where they are either out on bail pending sentencing, or they are free on their own personal recognizance pending sentencing I tell them one thing.  And one thing only.  Stay out of trouble.  If you have to stay in your house the entire time then do it.  If you feel compelled to drink stay home.  Heck I have even told a client if they cannot following my advice and they are going to go out and drink call me and I will either pay for a cab or come and pick them up.  You wouldn't believe the decisions some people make because of this disease.  

Anyway here is a link to the article if you want to check it out.  Spokane man gets DUI.   

_
About the author:  Matthew Leyba is a DUI Lawyer in Seattle.  If you're facing a DUI Arrest and looking for a DUI Attorney then give me a call.  I have been repeatedly recognized as one of the best DUI Attorneys in Seattle by the Seattle Met Magazine.  I'm also rated a perfect 10 out of 10 by Avvo.com, a lawyer rating service.  You can read more about me here.   

Is Affluenza real?

Well another rich guy seemingly got off on his DUI and now there is an uproar by the general public over the sentence.  And the term "affluenza" has been raised again.  In case you didn't hear it the first time.  "Affluenza" was an actual defense coined by a defense attorney in the defense of a texas teen who received rehab at a luxurious 4 star resort rather than go to jail.  This time the term  is being thrown around here in Washington State due to a sentence a repeat DUI offender received last week.

I have to say as a Seattle DUI Attorney I'm slightly miffed by the general public's reaction to this latest case.  Long story short.  A guy driving a Ferrari gets into an accident, leads police a high speed, subsequently pleads guilty to DUI, and gets work release in lieu of 24 hour confinement in jail.  Basically he leaves jail in the morning.  Goes to work and runs his business which employs many people.  Goes back to jail and spends the night.  Gets up and does it all over again.

The people that are upset need to realize a couple of things.  First a DUI carries a max penalty of 1 year in jail here in WA State.  That is what this guy agreed to.  The max penalty, he couldn't agree to do more.  Secondly work release is a common alternative given to those in custody.  I have seen homeless folk get granted that type of sentence from a Judge (now whether they actually qualified is a different story).  Lastly there is a reason this guy got that sentence despite his prior DUI arrests.  The case most likely was dog shit for the Prosecution.  They offered a plea deal because there was proof problems.  That is how the system works.  If a Prosecutor cannot prove beyond a reasonable doubt a defendant is guilty than they ethically shouldn't proceed to trial.  

This is just my opinion.  Yes Im a DUI Attorney in Seattle.  But I'm also a resident of the State of Washington and I still feel safe despite this guy going to work in the mornings.

Here is my website.  

New definition of what constitutes a "prior offense" for DUI sentencing purposes in WA

Last month a major DUI law was changed in Washington State when it comes to DUI sentencing.  The bill responsible SB 6413 drastically alters what can be considered a "prior offense" when it comes to DUI sentencing.  Prior to this change the law was pretty clear.  Now not so much in opinion despite what the bill set out to accomplish.

As I stated prior to this law if you were arrested for a DUI then your sentence for the most part was determined based on the number of "prior offenses" you had.  For example lets say you were arrested for a DUI in Seattle in 2008.  That DUI charged was reduced to Negligent Driving 1.  You then were arrested for a DUI in 2010.  The DUI in 2010 would be considered a second offense DUI because the first case originally was a DUI then it got reduced. 

Essentially if you got arrested for a DUI and that charged was reduced to another criminal offense then it was considered a prior offense.  Pretty straight forward, right.  Well SB 6413 changes all of this.  Now a prior offense can include any of the following: driving a commercial vehicle while under the influence, a BUI, operating an aircraft while under the influence, operating an off road vehicle while under the influence, and my favorite operating a snowmobile while under the influence.  

As a DUI Lawyer in Seattle, I have to say I do not understand what this accomplishes.  All of these offenses do not carry any of the consequences a DUI does other than being a criminal charge.  So why are they treated the same as a DUI when it comes to sentencing.  Why not stop there?  Why not include any alcohol related offense?  A minor in possession of alcohol, or an open container?  Obviously I am being factious, but you get my point. 

Unfortunately the DUI laws just happened to get a lot tougher in Washington State and this new law only shows how difficult things are becoming.  

_
About the author:  Matthew Leyba is a DUI Lawyer in Seattle, WA.  He is the firm owner of Leyba Defense PLLC a DUI law firm located in the heart of downtown Seattle.  He practice focuses on representing those charged with DUI and DUI related offenses.    

Don't act like the "Biebs" if facing a DUI

In case you haven't heard Justin Bieber was arrested for a DUI in late January of this year.  As more time has passed some of the facts of the arrest are being disclosed to the public through the media.  Not surprisingly the "Biebs" wasn't too smart and did exactly what you're not supposed to do when facing a DUI arrest.  So where did he go wrong?

The first thing he did wrong was admit he had consumed alcohol, marijuana, and prescription drugs earlier.  Now I'm not a proponent of denying completely you had consumed alcohol when questioned by a police officer.  I think a driver can admit to having one drink for a couple of reasons.  First it shows a driver is not being dishonest about the consumption.  Especially if it is evident the driver had consumed alcohol.  Secondly it is not illegal to consume alcohol and drive.  However should an investigation officer for a DUI continue to ask follow up questions the driver should immediately request to speak with a experienced DUI Lawyer.  

The second thing the Biebs did wrong was agree to perform the field sobriety tests.  Every DUI Lawyer out there will say to politely decline these tests.  They will not help in any way and are only used against you.  

Lastly and most importantly the Biebs was a jerk to the investigating officer.  From what little I read it doesn't sound too bad.  But he did make a couple of smart ass comments to the investigating officer that could potentially hurt him down the road of the case were to go to trial, or even during the negotiation with the Prosecutor.

Remember if you're being investigated for a DUI chances are you will get arrested.  So do yourself a favor and politely decline to answer any follow questions, politely decline any field sobriety tests, and most importantly don't be a jerk or a smart ass to the arresting officer.  You will not help yourself in any way by acting like that.

_
About the author:  Matthew Leyba is a DUI lawyer in Seattle.  He has been named a Rising Star repeatedly by the Seattle Met Magazine in the area of DUI Defense, an honor only 2.5% of all Lawyers in Washington State receive.  Additionally he is rated as a 10/10 by Avvo.com and named a Superb DUI Lawyer. 

Over celebration following Seahawks awesome win

The Seattle Seahawks are headed to the Superbowl.  Let me repeat that.  The Superbowl.  How awesome is that.  Unfortunately lost in the awesomeness that was the dramatic win.  King County Troopers were hard at work doing their best to stop possible DUI drivers in the Seattle area.  Were they successful?  Well the numbers are in and I would say yes there were successful.

After the Seahawks game King County Troopers arrested 16 DUIs.  Keep in mind this is just King County and mostly in the Seattle area.  I couldn't find the numbers for Snohomish and Pierce county DUI arrests.  Before you say that doesn't seem like a lot.  To put things in perspective.  The previous two Sundays had 7 DUI arrests in King County total.  

Clearly the game played a major factor in the increase of DUI arrests.  In fact I was watching the news and one local Seattle bar, who I won't name closed early due to the patrons having "too much."  Both the Seattle Police and the Washington State Patrol advertised there would be an increase in DUI patrols.  In fact they post it on twitter, facebook, and the overhead signs in both Hwy 99 and I-5.  So it shouldn't come as a surprise to anyone they were out in full force.  

If you have found yourself in the unfortunate position of being one of these unlucky 16 keep in mind things could have been much worse.  No vehicular homicide or vehicular assaults were reported.  

If you were arrested in King County for a DUI the first thing you need to do is find a DUI lawyer who can help you during this time.  Even speaking with one a good one will help put your mind at ease and explain some of the process to you.  This is especially important if you have never been in trouble before.  A DUI arrest in King County can be a daunting process but if handled correctly there can be relatively little blow back in the end.  

_
About the author:  Matthew Leyba is a DUI lawyer in Seattle.  He has been voted as a Rising Star in DUI defense by his peers according to the Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive.  Additionally he is rated as a 10/10 and "Superb" by Avvo.com when it comes to Seattle DUI lawyers.    

Can the outcome of a high profile DUI case affect future normal first time DUI cases

Last Friday a high profile vehicular homicide case was resolved in a favorable manner for the defense.  And unfortunately for anyone else who is facing a DUI in King County the favorable result of this vehicular homicide case is going to have a negative impact on any DUI case going forward.  Why and how will this occur?  First let me explain what happened last Friday.

So in 2012 a 21 year old man from Buckley struck and killed a 16 year old boy while under the combined influence of marijuana and oxycodine.  The boy was simply walking with his girlfriend on the side of the road when this horrific accident happened.  A blood test revealed the driver had nearly two times what is now the legal limit of marijuana in his system.  He also had the oxy which was probably had the most impact on his ability to drive.  

Seems like a pretty open and shut case for the Prosecution, huh?  I mean these are the cases people are all up in arms about in Washington State.  It's why the State Legislature went on a witch hunt last year by attempting to change the DUI laws in Washington State to make them the toughest in the nation.  It's why other high profile vehicular homicide cases have been in the news, and the public has rejoiced when the defendants in those cases were sentenced to prison.  

Well this case apparently has some legal issues and the King County Prosecutors office felt like there were some proof problems.  So they offered a sweet deal where the vehicular homicide charge would be reduced to three misdemeanors.  Guaranteeing the defendant will not serve any time in prison.  So I guess good for that guy.  He was able to beat his vehicular homicide charges.  He got lucky a US Supreme Court case nullified his blood test results.  On the other side the victims family doesn't feel like justice was served and there has been a public backlash because of this (just read the comments section in the Seattle Times).  

So to get back to my original question.  Would a high profile vehicular homicide case like this, where the defendant seemingly got off, affect the normal first time non accident, non felony DUI case?  In my opinion as a DUI lawyer in Seattle the answer is absolutely yes.  And here is why?

First as a DUI lawyer if you have ever done a jury trial you can attest to the negative feelings that most jurors have in jury selection towards DUIs.  Especially in King County with all the high profile cases we have seem to be getting in the past year.  People want to get tough on DUIs.  They want the defendants to pay.  And unfortunately they cannot separate the felony homicide DUI case, from the first time offender who happened to barely blow above the legal limit.  They are out for blood and it is the first time offender who is unfortunately going to pay.  

Secondly when it gets out that a major Prosecutors office is giving away deals like this.  It hurts every other DUI case in that jurisdiction.  You think when the Prosecutor is in the news and the headline implies they weren't tough enough on a high profile King County DUI.  You think the Prosecutors office is going to take that.  No they are going to be more tough on DUIs.  They are going to show the media, the general public, and anyone else that questions their stance on this type of case that they are not easy on these particular charges.  

Unfortunately because of that I believe when a first time offender walks into Court.  In a case where there was no accident, it was not a felony, they have no prior history, and they barely blew above the legal limit.  They are now going to be subject to a more overzealous prosecution that in all honesty is completely unfair.  I fear they will be made an example of all in an effort to show the media and the general public that this Prosecutors office is tough on DUI's.  We have already kind of seen this with the change in negotiating policies in the past year or so. 

Now I don't mean to paint a bleak picture if you're reading this and currently facing a DUI charge or if you have recently been arrested and you're doing some research.  But this is certainly a side issue that whether it's fair or not will impact your case.  Having a DUI lawyer who understands that and can build a defense around it will be worth their weight in gold.  IMHO.   

_
About the author: Matthew Leyba is a DUI Lawyer in the Seattle Bellevue area of Washington State.  He has been rated as a 10/10 by Avvo.com among Seattle DUI Lawyers, and was recently named a Rising Star in the field of DUI Defense by the Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive.        

'RoboCop' takes on new starring role in NHTSA's new anti-DUI campaign

If you're a fan of the science fiction character called 'RoboCop' then you will want to check out the latest commercial put on by the National Highway Traffic Safety Administration or NHTSA for short. Its pretty cool, almost like a mini movie or a movie trailer. Here is the link. RoboCop NHTSA.
 

The NY Daily news recently posted this on their website. 'RoboCop' has taken a serious stance against drunk driving this holiday season, or at least that's what a new public service announcement from the National Highway Traffic Safety Administration shows. Part of a $7.5 million ad campaign, the anti-drunk-driving clip is targeted to a period in the year when crashes involving alcohol increase 10 percent.
 

As a DUI Lawyer practicing in Seattle I think this is a pretty cool message. Clearly DUI's and alcohol related driving deaths are on the forefront of problems in our society. Sometimes people think just because Im a DUI lawyer that somehow I think these types of messages are BS and I'm in favor of DUIs. You should read some of the garbage people post in my comments section. So much crap that I eventually turned the comments section off because I was tired of reading how what I do is horrible and Im a bad person.
 

So let me set the record straight. I practice in an area of law where everyone is entitled to legal representation. I am in no way in favor of DUI's or alcohol driving related deaths. But at the same time when people make a mistake and get arrested for a DUI it is my job to help them out, navigate them through these tricky waters, and help them in any way I can. That is why people are afforded legal representation when charged with a crime. That is why the Constitution allows for it.
 

I never would wish what happened to that family in the Wedgewood neighborhood in Seattle on anyone. That was a horrible tragic Seattle DUI event. The individuals I represent are not that repeat drunk offender, who disobeyed court orders and continued to drink and drive. I would say 99% of my clients are first time offenders. They did not get into a car accident. Most of them have relatively low breath tests. They simply made a mistake and I help them as their Seattle DUI lawyer.
 

_
About the author: Matthew Leyba is a Seattle Bellevue DUI lawyer. His has been named a Rising Star among Seattle DUI Lawyers by the Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive. In addition he is rated as a 10/10 by Avvo.com when it comes to Seattle DUI Defense.

Another Seattle vehicular homicide case is over

There has been plenty of King County DUI news in 2013.  I will forever remember this year for the horrific DUI crashes in King County, the repeat high profile DUI offender vehicular homicide cases in the news, and the toughening up of DUI laws by the Washington State legislature in response to those DUI cases.  I recently wrote about the Mullan DUI case and how he pleaded guilty last week effectively ending the criminal DUI case in Seattle.  Well another vehicular homicide case pleaded guilty this week effectively ending that Seattle criminal DUI case.  

A Kirkland woman who was under the influence of alcohol and a prescription drug when her minivan collided head-on with a car occupied by four people, killing an elderly woman, was sentenced Friday afternoon to nearly 11 years in prison.  The Seattle Times reports that Kelly Ann Hudson, 43, pleaded guilty to vehicular homicide, vehicular assault and reckless driving in September.  In the plea deal she took responsibility for her actions and even though she had no prior criminal history she pleaded guilty as charged.  

Like the Mullan case it appears that Hudson took responsibility for her actions following that horrific DUI crash in King County.  She didn't put the victims family through a long jury trial and accepted what she did and took her medicine.  I doubt the victims family takes any solace in this but as a practicing DUI lawyer in Seattle I can tell you that decision does not come lightly and the fact she pleaded guilty as charged says a lot about the case.  

Yes she killed these people.  Yes she committed a horrific crime.  But in terms of her plea deal there was nothing more she could have done.  Sometimes when you read the comments of the Seattle Times article I get the feeling that people just don't understand how the criminal justice systems works.  Some people are upset she only got 11 years.  Some people are saying she didn't take responsibility for her actions.  

Well as someone in this area of law who practices DUI Defense in Seattle.  Let me tell you there was nothing more she could have done.  She pleaded guilty as charged.  She can't plead any more guilty that than.  She was sentenced to the high end of the sentencing range.  A range that she doesn't get to pick but one that is set by the Washington State legislature.  So in other words there was nothing else she could have done in terms of her criminal case in that court room in Seattle.  

Maybe some view her apology as insincere.  I wasn't there so I have no idea.  But in terms of her criminal case, her sentence, and her plea deal she took responsibility.

_
About the author: Matthew Leyba is a practicing DUI lawyer in the Seattle Bellevue area of King County.  He is rated as a 10/10 by Avvo.com, and was named a Rising Star among Seattle Bellevue DUI lawyers by the Seattle Met Magazine, an honor less than 2.5% of all Attorneys in Washington State receive. 

The Mullan Seattle vehicular homicide criminal case is finally over

Seattle's most hated and despised man Mark Mullan was sentenced today to the Seattle vehicular homicide charges he pleaded guilty to last month.  18 years in prison, plus an additional 4 months for failing to have an ignition interlock device in his vehicle.  Thus bringing to an end one of the most tragic stories to hit Washington State in recent memory. 

To Mr. Mullan's credit it sounds like he took responsibility for his actions and pleaded guilty as charged.  He didn't put the family of the people he killed, and injured through a long and sad jury trial.  Obviously everyone in Seattle would rather he trade places with those he killed, or the baby he injured who is now going to be physically handicapped for the rest of his life.  But he did all he could in the legal sense to be accountable.

Far too often people don't understand how the legal system works.  If you read some of the Seattle Times comments people feel this guy should get the death penalty, or life in prison.  And I'm sure the family of those he injured and killed are upset he is only getting 18 years.  Heck I would be upset to if I was in their position and someone who killed members of my family only got an 18 year sentence which would get cut by a 1/3 with good time.  

But unfortunately for those that are not in the legal system.  This is how it works.  There is a sentencing range based on several factors that has been created by the State legislature.  And don't forget the Prosecution could have asked the Judge to impose additional time, but didn't based on his DUI history and the recent DUI arrest he got in Seattle.  

So in the end I know nothing will bring back the members of that family that were killed by this senseless act.  But hopefully they can take some sort of solace that he pleaded guilty as charged and didn't put up any kind of fight at sentencing and appeared to be somewhat contrite over his actions.

_
About the author:  Matthew Leyba is a DUI lawyer in Seattle.  His practice focuses on representing those charged with DUI and other traffic offenses.   

Group in Utah pushing to lower legal limit in DUI cases

In case you don't know I'm originally from Salt Lake City, Utah.  I have lived Washington State for the past 10 years, but I still follow the news and events in my hometown.  Especially when it comes to DUI news.  I recently saw an article discussing a recent proposal by a group in Utah when it comes to changing their DUI laws.

Utah, like Washington State, and the rest of the Country for that matter all employ a legal limit of 0.08% in DUI cases.  However a recent push has started to gain traction in Utah when it comes to that level.  A conservative think tank and advocate group for harsher liquor laws in Utah is pushing to lower the legal limit for a driver’s blood alcohol level.  

The Salt Lake City-based group named Sutherland Institute wants to lower the limit in Utah to 0.05%. Now this idea is nothing new.  In fact I previously blogged about this idea earlier this summer when the National Transportation Safety Board issued a similar recommendation for all the 50 states. What is interesting though is if there is any State in the Country that would seriously consider this idea and support legislation it would be Utah.

You see Utah is one of the most conservative States in the Country when it comes to liquor laws.  It's ironic for me personally moving from a complete conservative State like Utah to one of the most liberal in Washington State.  But I firmly believe this may gain some serious traction.  Most of the State Legislators belong to the predominant faith in Utah which is the LDS church.  In other words there are a lot of powerful people in that State Government that do no believe in the consumption of alcohol and make it their life's mission to some in cases force that belief on those that do.  

As a DUI Lawyer in Seattle I find this idea quite perplexing.  First I don't believe lowering the legal limit would do anything to decrease DUIs.  In fact it would probably increase them.  Think how many drinks a person has to have in order to get to a 0.05.  Not very many.  Probably 1 to 2 drinks.  How many people have wine at dinner or a single beer at a football game.  Now those people would be subject to a DUI arrest.  Secondly lowering the legal limit would effectively put the death grip on the restaurant and bar industry not to mention tourism.  It would be non-existent and that is a big part of where Government receives their funding.  

Should be interesting to see how serious this becomes in the future.

_
About the author: Matthew Leyba is a Bellevue DUI Lawyer.  His practice focuses on representing those charged with DUI and other serious traffic offenses throughout Western Washington.  He has been named a Top Seattle DUI Lawyer by Avvo.com as well as a Rising Star by Seattle Met Magazine in the area of DUI defense, an honor less than 2.5% of all Attorneys receive. 

Another DUI Prosecutor arrested on a DUI case

Another DUI Prosecutor has been arrested for a DUI in Washington State.  Last week I blogged about a Prosecutor who pleaded guilty in their own DUI case.  Not to embarrass that particular Prosecutor due to the arrest, but to show what someone experienced and knowledgeable in DUI law would do when it comes to the field sobriety tests and the breath test.  Decline them.  

The purpose of this post regarding this recent DUI Prosecutor facing a DUI charge is not to embarrass, or even show what they did regarding the tests, but to show you a DUI arrest can happen to anyone.

I'm a DUI Attorney in Seattle for a couple of reasons.  First DUI Defense is an area of the law I thoroughly enjoy.  It has the criminal aspect which usually invokes constitutional issues that I dig, but it also has a scientific component that I find challenging.  Secondly I enjoy trial work.  You don't litigage over 100 jury trials unless you love going to trial, and DUI defense affords me that opportunity.  Lastly a DUI arrest can happen to anyone.  Unlike other criminal cases, most people charged with a first DUI are generally very good people who happen to make a mistake, not a hardened criminal.   

Which brings me to my point.  This DUI Prosecutor made a mistake.  Obviously they are more familiar with the DUI laws than the general public.  So maybe they should have known better and known there is no such thing as a legal limit when it comes to drinking and driving.  But nevertheless they made a mistake and now they are facing a DUI charge.  They are now in the position of the very people they Prosecute that has to be tough situation to be in.  Again my point is if a DUI Prosecutor can get arrested for a DUI, than anyone can.  It doesn't mean they are a bad person, they just simply made a mistake.

And by mistake I don't mean anything egregious by that.  Sometimes people just have a glass or two of wine at dinner, a beer watching a football game and they don't realize they are at the legal limit or even below it and they get arrested for a DUI.  Heck sometimes people are seated inside their vehicle waiting for a cab and they don't realize this is potentially illegal and they get arrested for a Physical Control.  People make mistakes sometimes not even realizing what they are doing is illegal.     

_
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 has been rated as a Top DUI Attorney in Seattle by Avvo, and is named a Rising Star in DUI Defense by Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive. 

DUI Prosecutor pleads guilty in his own DUI case

A DUI Prosecutor in a small town in Washington State pleaded guilty earlier this week in his own DUI case.  Back in June the Prosecutor was stopped by a State Trooper just after midnight for driving without headlights on in the downtown of this City.  The Trooper found the Prosecutor had slurred speech, flushed face, watery red eyes and a strong odor of alcohol on his breath.  The Prosecutor was offered field sobriety tests, and a breath test.  Both of which he refused.  

Now the purpose of this blog post is not to make fun of this Prosecutor.  He made a mistake and I'm a firm believer that a DUI arrest can happen to anyone.  And it certainly it not a situation to make light of nor am I trying to embarrass this guy.  That is why I have not included any links to the articles, mentioned his name, or even included the town of the arrest.  

The purpose of this blog post is to show you how legally educated individuals who are on the side of the Government view the field sobriety tests and breath tests in a DUI case.  In fact I have previously blogged about a Judge in Snohomish County who was arrested for a DUI last year.  In that case he refused the field sobriety tests and the breath test.  Here we have another Attorney who is familiar with DUI laws, actually prosecutes DUI cases and he also refused the field sobriety tests and the breath test.  

Why is that?  Why do these Attorneys who are more familiar with the aspects of a DUI investigation continue to exercise their right to remain silent and not do any tests.  Because these tests are flawed and regardless of how you perform you will get arrested and regardless of what your breath test is you will get charged.  No matter what.  So why give the Prosecution evidence in your DUI case.  Heck if you decline these tests there is always a chance the DUI charge will not get filed.  That is what happened in the case involving the Judge and I have had this happen to several of my clients.

If you read this blog with any sort of regularity then you know my advice as a Seattle DUI Lawyer is to do the following if you're being investigated for a DUI.

1. Be polite
2. Decline to perform any field sobriety tests
3. Decline to provide a portable breath test
4. Ask to speak with an Attorney immediately after you get detained

If for some reason you questioned my advice with regards to the field sobriety tests, and possibly declining the breath test.  Then you should follow the actions of these two Attorneys who recently faced DUI arrests in Washington State.  

_
About the author: Matthew Leyba is a DUI Lawyer in Bellevue, WA.  His practice focuses on representing those charged with DUI and other traffic offenses.  He is rated as a Superb DUI Attorney by Avvo, and was named a Rising Star in DUI Defense by the Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive. 

North Carolina Court decides whether a Firefighter can pull someone over for DUI

I recently saw an article discussing a case in North Carolina.  Since I found it interesting, and I had a similar about 7 years ago I thought I would discuss it here on the blog.  It asks two questions whether a firefighter can stop and detain someone for a DUI and whether by doing so are they acting as a state agent which would subject them to 4th amendment restrictions.

Basically in North Carolina a firefighter was on his way to a fire alarm in his fire engine when he passed a motorist who did not have her headlights on, and the window was down in pouring rain.  The firefighter thought this was weird, but he continued on.  When he finally got to the fire alarm another engine was already there so he left and searched out the vehicle he previously saw.  He found the vehicle, observed it weaving in traffic and almost cause a collision.  He then called 911, activated his fire engine lights and pulled the driver over.

At the trial court level the Defendant argued this stop was impermissible, but the Judge disagreed and denied the motion to dismiss.  The Defendant was ultimately convicted of DUI.  The Defendant appealed to the appellate level where they found this issue did raise 4th amendment implications and therefore remanded back to the trial level to determine the issue of whether the firefighter acted as a private citizen or a state actor.  Not surprisingly the trial court followed their earlier decision and found the firefighter was acting as a private citizen and it was a lawful citizens arrest.  A new trial has been ordered.

This is a pretty interesting issue.  As I noted above I had a similar issue about 7 years ago.  I had a client who was driving through downtown Seattle on the 4th of July or New Years.  I can't recall.  There was lots of traffic and a meter maid was directing a four way intersection.  When my client approached the intersection he didn't go through for some reason, the meter maid approached him.  Observed the typical signs of impairment, ordered him to the side of the roadway and took away his keys and called the Seattle Police Department.  The client was eventually arrested for DUI.

I essentially raised the same issue as in the North Carolina case.  I argued first the meter maid did not have the requisite authority as an actor of the Seattle Police Department to conduct a seizure.  They are non-commissioned officers, despite being directed to enforce the traffic code.  Secondly I argued this was an unlawful citizens arrest because it did not constitute a breach of the peace.  At most not driving through the intersection amounted to a traffic violation, not a breach of the peace.

Fortunately for my client we never got the opportunity to argue the case in front of a Judge.  I remember the Prosecutor was brand new.  I was able to convince her she was going to lose and ultimately my client was offered a plea deal he couldn't turn down.  As a DUI Attorney in Seattle I was hoping to litigate it and create some precedent by appealing if we lost, but it wasn't meant to me.   

_
About the author: Matthew Leyba is a Criminal Defense Lawyer in Seattle.  His practice focuses on representing those accused of DUI and other traffic related offenses. 

Nearly 300 drivers arrested for DUI in King County during 3 week strech

I read an article this afternoon from the Seattle Times discussing the success of the "Drive Sober or Get Pulled Over" campaign.  Slowly but surely it sounds like it is working, although not at a rate law enforcement or the general public might want.  The excerpt is below but in the same time frame last year there were more than 80 DUI arrests made.  So that is 80 less DUI arrests in King County due to this enforcement.  I for one think that is progress, but you can decide.  Here is the article

A total of 292 drivers were arrested on suspicion of impaired driving in King County during a DUI enforcement campaign that ran from Aug. 16 through Sept. 2.
Last year, during the same time period, officers on routine and extra patrols arrested 374 people for DUI in the county, according to the Washington Traffic Safety Commission.
Statewide, the recent “Drive Sober or Get Pulled Over” enforcement campaign resulted in 1,420 arrests.

Participating law enforcement agencies in King County included police departments in Auburn, Bellevue, Black Diamond, Burien, Clyde Hill, Covington, Des Moines, Duvall, Enumclaw, Federal Way, Issaquah, Kent, Kirkland, Maple Valley, Mercer Island, Newcastle, North Bend, Port of Seattle, Redmond, Renton, Sammamish, SeaTac, Seattle, Snoqualmie, Tukwila and Woodinville. The Washington State Patrol also participated.

One of the things to keep in mind about this campaign and the Target Zero Task Force which consists of law enforcement officers targeting drunk driving in King County is that it's all federally funded.  Meaning if there isn't a progress shown then that funding probably will be cut off.  

Personally as a Seattle Criminal DUI lawyer I have been seeing more and more drivers arrested and charged with DUI who were well under the legal limit.  I suspect it is due to funding as well as the State Patrol saying they are getting tough on DUIs and showing an "x" amount of DUI drivers arrested and therefore saying its a success.

Remember the phrase "Driver sober or get pulled over" is not just a campaign.  It's the truth there is absolutely no such think as a "legal limit" anymore.  If you have a drop of alcohol in your system then you're fair game to get arrested.  Believe me I have seen it.  Clients with literally a blood alcohol level barely above 0.00 getting arrested and charged for DUI.   

_
About the author: Matthew Leyba is a DUI lawyer in Seattle.  His practice focuses on representing those accused of DUI and other traffic related offenses.  If you have been arrested for a DUI call for a free 60 minute consultation to discuss your rights and how to protect them.

Should State's lower the blood alcohol level in DUI cases to 0.05?

Recently the National Traffic Safety Board conducted a study and recently recommended that all State's reduce the blood alcohol level in DUI cases to 0.05.  Currently the level in all 50 states is 0.08.  Citing the need to reduce traffic fatalities, and drunk driving cases the NTSB looked at other countries that have this reduced blood alcohol level.  Specifically European countries, and Australia.  

In my opinion and this is not just because I'm a DUI Attorney in Seattle.  I believe reducing the current alcohol level to 0.05 would really not accomplish much.  First of all you still get charged with a DUI if your blood alcohol level is below a 0.08.  Secondly such a proposal would meet stiff opposition from many agencies.  Not such DUI Attorneys but the restaurant and tourism industry, beverage industry.  Heck even MADD has not endorsed such a proposal if though the NTSB recommendations have been out there for quite some time. 

So what is the point with this recommendation.  Well I really don't think there is one.  How much would lowering the legal limit really do.  I mean if you want to reduce traffic fatalities then there should be a zero tolerance level.  That is the only way to say traffic fatalities would be reduced.  

The difference between a .05 and a .08 is maybe 1 drink.  Will that 1 drink really affect someones ability to drive?  Probably not.  I'm not sure of any studies but I bet most traffic fatalities involving DUI cases the defendants probably have blood alcohol levels two or maybe three times the legal limit.  They are not below the current legal limit, and if they are then the defendant has to be under the combined influence of alcohol and drugs.

Now the thing to keep in mind is the NTSB has no legal authority regarding this change.  They are simply an agency that has made a recommendation.  It will not happen at least in my lifetime.  If it did I would be extremely surprised, and I probably would no longer be a practicing Seattle DUI Attorney.  So it wouldn't really bother me none because I wouldnt have any clients getting screwed over by it.  

_
About the author: Matthew Leyba is a Seattle DUI Attorney.  His practice focuses on representing those accused of DUI and other traffic offenses.  He is currently rated as one of the Best Seattle DUI Attorneys by Avvo, and listed as a Rising Star in DUI Defense by Super Lawyers Magazine.  An honor less than 2.5% of all Attorneys receive. 

Governor Inslee signs alcohol amnesty law for minors

Governor Inslee signed a bill into law this last week that would essentially give minors immunity against a minor in possession criminal charge if they seek medical help for an overdose.  I guess the theory behind the bill is the following.  A couple minors are having a few beers.  One of the minors gets so intoxicated that the friends believe the minor is suffering from alcohol poisoning.  They choose not to call the police or 911 because they are worried they will get in trouble because they have been drinking too.  Without emergency medical help the minor with the alcohol poisoning either dies or is severely injured.

This law approved by the Legislature last month is meant to prevent something like that from happening.  As a Seattle DUI Lawyer it is an interesting idea.  As a parent I think it is a wonderful idea.  As a parent if my daughter (when she is old enough) was with some friends and they were too afraid to call 911 because they didn't want to get in trouble, I would think this type of law would make it so they would call 911.  But my hesitation with it is I think it is kind of irrelevant.  

I have represented many individuals charged with a Seattle Minor in Possession charge.  Not once has it ever been because there was alcohol in my clients system.  It usually occurs when a minor is at a house party, or at a park and they are drinking in public.  A police officers comes and gives them citations because the alcohol is in plain view.  I would think there would be some legal issues if a MIP was charged when there was no evidence of actual alcohol other than on the persons breath or in their system.  

So I don't know how helpful this law would be.  I suspect it is more about appeasing the public and like all bills it is probably 99% political.  But from a recent Seattle Times article about it there are 12 other States doing this, or have similar types of laws.  And it is a problem in college with students drinking too much to the point where they get alcohol poisoning.  But like I said I have never heard of someone getting charged with a MIP without the actual physical possession of the alcohol.  This is an interesting bill, and given the negative reaction some of the other alcohol related bills recently received for being unfeasible and too expensive this seems like a genuine way to help those in need.

_
About the author: Matthew Leyba is DUI lawyer in Seattle, WA.  He is rated as one of the best Seattle DUI lawyers by Avvo, and listed as Rising Star by Super Lawyers Magazine and the Seattle Met Magazine.  An honor less than 2.5% of all Attorneys receive.