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.

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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. 

New DOL administrative hearing fee increase for Washington State DUI Arrest

If you have been arrested for a DUI in Washington State then you face two separate legal actions.  One obviously is with the Court system.  The other legal action is with the Washington State Department of licensing.  As of 10/1/12 the fee to deal with this second legal action increased from $200 to a whopping $375.

As a Seattle DUI Attorney it is my opinion to always send in the hearing request fee and challenge the DOL administrative license revocation.  Not only is it a great source of investigation for the criminal case.  You can question the arresting officer, and try out legal arguments with DOL that may be used in the criminal case.  But with the new increased fee many people may not be willing to shell out almost $400 to challenge this license suspension.  Especially when statewide there is around a 20% dismissal rate on these DOL administrative hearings (although Leyba Defense is much much higher).

My opinion is this increase is due solely to budget issues, and DOL trying to get an increase in operating revenue, as opposed to trying to screw over those involved in a Seattle DUI arrest.  As far as whether or not to send in the DOL hearing request form, still do it.

As I stated before Im a Seattle DUI Attorney.  This is what I do for a living.  The DOL hearing is a great way to investigate the case.  You can subpoena the arresting officer.   Everything they say at the hearing is recorded.  Thus if they get caught in a lie or say something that is inconsistent with what they wrote in the police report then boom you have it later to impeach their credibility.  In addition its a great tool to use for negotiation.  If you can prevail at the DOL hearing on a legal issue.  Even though that outcome is unrelated to the criminal case.  You can still provide that written ruling to the Prosecutor in an effort to negotiate and point out an administrative hearing Judge who applies the same law and facts as the criminal Judge would dismissed the legal action.

Bottom line.  This new fee may discourage some people.  But in my opinion, still send it in.  Especially if you want to help yourself in your criminal DUI case.

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Matthew A. Leyba is a Seattle DUI Attorney 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 call our offices for a free 60 minute consultation.

New push to reinstate DUI sobriety checkpoints in Washington State

Recently legislation has been brought forth in Washington state to reinstate DUI sobriety checkpoints.  Currently there are 11 states in the country that do not employ DUI checkpoints, and Washington state happens to be one of them.

This practice ended in the 80's when the Washington State Supreme Court found it unconstitutional.  Now some state lawmakers, including some political action committees want to bring it back citing the increased level of DUI fatalities in Washington state.  According to data they cite Washington State is 6% higher in DUI fatalities than the national average.

Im all for making the roads safer for the residents of the State.  But at what cost should we be doing this.  Washington states constitution provides for greater privacy protections than the US Constitution.  To conduct these roadblocks, pull over, interrogate, and invade a persons privacy rights through unconstitutional searches and seizures is a problem in my mind.  Currently Washington state allows for DUI emphasis patrols.  Im fairly certain that the areas where these patrols are being conducted are areas that have had greater DUI fatalities or DUI related accidents than other areas.  Although I believe these patrols can create potential problems with pretextual stops, this has been found to be constitutional.

The other issue that DUI sobriety roadblocks can cause is the financial burden it will impose on tax payers.  Think about it, to shut down entire roads or areas, man these areas with numerous officers and/or state troopers, the planning and implementing all comes at a cost.  And guess who will foot that bill.  We the tax payers will.  In addition I would be curious as to what percentage these DUI sobriety checkpoints actually result in a DUI arrest.  I have seen some statistics from other states that its less than 1%.  Now to me that doesnt seem like enough of a return to conduct unconstitutional searches and seizures.  But hey I guess thats just the sensible Defense Attorney in me who happens to be concerned with our State budget and increased taxes.

Keep an eye out for this.  HB 1912 in the Washington state legislature.  Should be interesting.

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