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.

Why it's important to become qualified to administer the FSTs

Representing those accused of DUI is a very complicated process. The competent Seattle DUI Attorney needs to be familiar with constitutional issues, scientific theories, trial techniques, and much much more. However in addition to those basis skills, the experienced Seattle DUI Lawyer should also be qualified and certified to administer the standardized field sobriety testing. In other words they need to take the same course the law enforcement does, and learn the proper procedures for administering the standardized field sobriety testing.  Why is this so important you ask?    

In order to accomplish this the attorney should know how to administer the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test. These are the field sobriety tests that have been standardized by the national highway safety administration. In my opinion this is important for several reasons and are well worth their weight in gold compared to the nominal cost and time frame.  

1.  Verify whether the arresting officer administered correctly: In many Seattle DUI arrest cases the arresting officer administers the standardized field sobriety tests to the defendant. And in all of those cases the officer will say they are trained to administer these tests, and they were done according to their training. In order to verify whether these tests were done correctly or not, the Seattle DUI Attorney needs to know who to administer the tests themselves. If they know exactly how to do it, and they took the same course as the arresting officer they will be in a better position to identify any issues with the administration of the tests.         

2.  Help to separate yourself from all the other DUI Attorneys: In every jurisdiction there are attorneys that say they exclusively practice in the area of DUI Defense. And like in all professions there are good ones and there are bad ones.  But what separates the good ones from the pretenders is the level of commitment to this area of law in addition to their experience and knowledge. By taking the time and expense to take this NHTSA course, and learn exactly how to administer the field sobriety tests it will show a level of commitment and experience that will help you get clients.           

3.  Know the instructors and use them as experts: Many of the instructors of these NHTSA courses are former law enforcement. Sometimes in a DUI case it is necessary to hire an expert to counter what the Prosecutions witnesses are saying. Having an ex-law enforcement officer who is also an instructor for the field sobriety testing and really helpful, and comes across very credible in the eyes of a jury. By taking the course, and getting to know the instructors you will be in a better position to ask them to help you out on a case.

Taking this course is extremely important to the practice of DUI defense.  If an attorney doesn't take the time to do this then they don't care about their practice, and in turn don't care about you.  

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Matthew Leyba is a Seattle DUI Attorney located in downtown Seattle.  If you have been arrested for a DUI contact our office for a free consultation to learn what your options are, and what to expect during the DUI charge.  

When in doubt listen to your client on their DUI case

This week I had a jury trial in Seattle on a DUI case.  After 2 hours of deliberation the jury found my client NOT GUILTY.  Throughout my career I have litigated almost 125 jury trials, which not many Seattle DUI Attorneys out there than can say.   But one thing I have learned from all those trials is to listen to your client and trust your gut.

This particular case I had was a pretty good case for us.  My client performed reasonably well on the field sobriety tests, his driving wasnt bad, and he didnt provide a breath test.  But the interesting thing about this case was my client turned down an incredible deal from the Prosecution.  A deal that would not have resulted in any jail, license suspension, ignition interlock requirements, SR 22 insurance, probation, and only a nominal fee.  He would not have had a DUI conviction on his record and he potentially would have been allowed to ask a Judge to vacate the charge off his record after 5 years.  

My goal in every DUI case I take is to try and get the charge dismissed, but if that cant happen then to try and get this exact same deal my client turned down.  Needless to say I thought he should have taken the deal, and I even told to strongly consider it.  But when he told me that he didnt think he was guilty of anything, and his trusted me at trial.  Well I was sold at that point, and I did everything I possibly could not to let him down.  

Of course it was an incredible risk to go to trial.  As I stated before juries are a fickle group.  Even though you get to ask them questions, and you get to pick some of the jurors to hear the case, and you get to have some control over who will ultimately judge your client.  It really is just a crap shoot.  There certainly have been times when I have gone to trial expecting a certain result and the exact opposite has happened.  Any any experienced trial attorney will tell you the same thing.  So you never want to expect or bank on a certain result when a case goes to trial.  Especially in criminal cases that are emotionally charged, like DUIs.

But in the end my client was right to believe in his case, and I feel honored that he had enough faith in me and my abilities as a DUI trial attorney to risk it all.  I was extremely nervous to try this case considering all that was at risk.  Plus the fact that my client turned down a great deal added to the pressure.  He was expecting a certain result, and he expected me to come through for him.  

When we got word that a verdict was in I remember I started to feel the butterflies in my stomach.  In fact I cant remember the last time I ever felt the combination of nerves and excitement at the same time.  Probably on my wedding day.  When the jury read the verdict it seemed like everything was in slow motion.  But when I heard the words NOT GUILTY a flood of emotion came over me.  I have never cried at a verdict, but I was pretty darn close in this case.  I remember my client looking at me, putting forth his had and telling me thank you.  And I have to say knowing I changed his life, and helped him in his time of need made me feel pretty good.  At that moment Im glad he chose to proceed that way, and now he has no criminal conviction on his record and he can move on with his life.  Just a great week for the firm.

On a side note.  When the Jury was walking into the courtroom prior to reading the verdict, several of them were smiling and laughing with the bailiff.  I remember thinking to myself these people are either completely cold about what they are going to do to my client, or they are going to walk him and they feel good about it.  Turns it was the later of the two.      

Boating under the influence (BUI) in Washington State

Lately I've had several people call me about representing them in BUI charges here in Washington State.  For those of you that dont know a BUI charge is nothing like a DUI charge, except for fact it involved alcohol.  For starters a BUI charge is only a misdemeanor, and it doesnt carry the mandatory penalties that a Washington State DUI does (jail, fine, license suspension).

What I wanted to talk about today is the coast guard hearing that sometimes accompanies the BUI charge.  Similarly in a DUI charge there is a civil hearing to determine civil penalties (a license suspension, a BUI arrest could result in a civil hearing to determine the civil penalties.

So after a person gets arrested for a BUI charge, that information can get forwarded to Coast Guard.  A coast guard civil penalty hearing officer will review the report alleging that you, the operator of a vessel could be liable for a civil penalty for violation of Federal law.  Usually its several months up to a year after the BUI arrest before you would hear anything.

The role of the officer is read the case file, determine if there was a violation, and then decide the civil penalty.  In a typical BUI case, the max penalty is up to $7000.  If the officer determines there was a violation that will send you notice of this along with the findings, a report, and their recommendation for the civil penalty.

At this point the party typically has three options.  First then can pay the penalty which will result in the case being closed.  Secondly then can respond with written evidence, typically a statement, or witness declarations.  Lastly they can request an in person hearing, where they would appear with an attorney and argue the arrest was not a violation and therefore no civil penalty should be imposed.  Conceivably there is a fourth option where a person can ignore the letter and penalty request.  If that occurred the case would be sent to collections.

So what takes place at this in person hearing should the party wish to challenge the allegations.  The hearings themselves are pretty informal.  Federal law applies, and the hearing is administrative so the rules of evidence and other statutory objections are inapplicable.  The hearing officer would hear testimony, consider any evidence, and arguments presented.  I guess its kind of a like a trial, without the formal rules.

After the hearing if the Coast Guard hearing officer rules against the party then they must pay the civil penalty.  If they rule in favor, then the case is closed.  There is also an appeal process, should that occur, the Coast Guard officer will send in the complete record to the Commander, and the appeal will be decided by that person.

I realize its not summertime, and SeaFair weekend, but if you have been charged with a BUI or if you were arrested and your charges are now being filed, please contact my office immediately to set up a free consultation.  And also dont forgot about the possibility of the civil coast guard hearing when deciding on a resolution in the criminal BUI case.

Leyba Defense PLLC | DUI and BUI Defense

New DUI related case on pretextual stops

So whats a pretextual stop?  To put it simply its when a police officer stops a vehicle for some kind of minor infraction with the sole purpose of the stop not being the actual infraction committed, but to investigate possible criminal activity.  You see lots of stops like this in DUI cases, especially here in Seattle, Washington, where we have lots of State patrol troopers traveling up and down I5 at night looking for people to pull over and investigate for DUI.

Recently the Court of Appeals Division III in Washington ruled on a case involving a pretextual stop.  In this case a patrol officer followed Gilbert Chacon Arreola's blue Chevy for over a half mile because it fit the description of a car reportedly driven by a drunk driver.  While watching for signs of impaired driving, the officer noticed an illegally modified muffler, and decided to initiate a stop based on that and nothing more.  In other words the sole basis of the stop being to investigate for a possible DUI.

The Court of Appeals held this was an unconstitutional stop because the Officer's primary reason for the stop was not to cite the alleged infraction for a modified muffler, but because the officer admitted his primary purpose was to investigate for DUI.  And despite following the vehicle for approximately 45 seconds, no observations indicative of impairment was observed, and therefore this stop was without authority of law.

I meet with many people who tell me the same thing.  They were driving home on I5 or I90 or 520 and they got pulled over for not signaling, for following a car too closely, or some other minor infraction.  When they get contacted by the officer, the officer doesn't talk to them about the reason for the stop and explain why they are being pulled over, but immediately asks if they have been drinking and if they have then they begin a DUI investigation.  In my opinion this is unlawful and these kinds of unlawful seizures should be challenged.

If you have recently been contacted by law enforcement and you were arrested after allegedly committing a minor traffic infraction contact my officer immediately to ensure your constitutional rights are protected.

Leyba Defense PLLC | Seattle DUI Defense

Washington State Keeps List of Where DUI Suspects Say They Drank

I've been meaning to write about this article since it came out a couple of weeks ago.  In case you haven't read it, Washington State Liquor Board, including City Police Departments and the Washington State Patrol have a database of where people had their last drink prior to a DUI arrest.  The purpose of this list I guess is to target these bars, because they are known to allegedly over serve intoxicated patrons and allow them to drive home.

From a public policy standpoint I can understand keeping tabs on bars that over serve patrons, and then allow the patron to drive home.  Even though Im a Seattle DUI Attorney, I still don't want to see people injured, or even killed as a result of a DUI crash.  After all Im still a compassionate human being with feels and emotions, despite what all the jokes say about Attorneys.

But what I don't agree with is if certain police agencies are just sitting outside targeting people who leave these bars.  First of all if police officers are wasting their time sitting outside a bar, just because 20 people who were arrested for a DUI last year said the last drink they had was there, then this is just a waste of time.  As a citizen of this State, I want my police department actively seeking out crime and doing something to stop it.  Sitting outside a bar for an entire night, just keeps them from doing their job.  To be honest it sounds like lazy police work, but thats just me.  The other issue I have is this is completely pretextual and unconstitutional.  A pretextual stop is where a police officer will randomly target someone, follow them until they commit a minor traffic infraction.  Then use that traffic infraction for the basis of an unconstitutional search and seizure.

I recently got a DUI case dismissed for this exact reason.  Basically what happened was a police officer was dispatched to a location of a wedding because it was serving alcohol.  No crimes were being reported, no DUI calls were made.  The officer got behind the first person exiting the wedding.  Followed them until he observed a minor traffic infraction (my client didn't use his blinker when merging onto I90).  The officer then stopped my client, didn't talk with him about the infractions, but immediately asked if he had been drinking.  The officer didn't observe any other signs of possible impairment.  Things like slurred speech, an odor of alcohol, finger dexterity issues, or even bloodshot watery eyes.  My client admitted to having a few drinks, the officer then pulled him out of the car, administered the field sobriety tests, and placed him under arrest.

It sounds like lots of people can be facing similar situations based on the worst bar offender database.  Remember if you have been stopped for a DUI and you have been drinking, there is probably a very good chance you will get arrested.  Even if you believe you're not under the influence.  Ask to speak with an attorney immediately.  Seriously give me a call, I will always answer my phone.

Leyba Defense PLLC

Different types of plea deals in a Washington State DUI case

Lately I have found it helpful to inform potential clients of the different options they may have in their DUI case.  Usually its helpful when meeting with a DUI Attorney to have an understanding and what may happen.  This kind of gives them an idea of the potential consequences they face, as well as the different types of plea deals that can be attained through negotiation.  The order goes from worst to best.

DUI charge (first offense)
1 or 2 days in jail depending on breath/blood test or 15-30 days of home detention
$866 to $1121 fine depending on test
90 day to 2 year license suspension
5 years probation
Alcohol/Drug evaluation
ADIS class
VIP class
1 year Ignition Interlock requirement

Reckless Driving
Usually 0 days jail
Usually $250 fine
30 day license suspension
No ignition interlock requirement
Alcohol/Drug evaluation
ADIS class
VIP class
2 years stay out of trouble

Reckless Endangerment
Usually 0 days in jail
Usually $250 fine
No license suspension
No Ignition Interlock Requirement
Alcohol/Drug evaluation
ADIS class
VIP class
2 years stay out of trouble

Negligent Driving 1
Usually 0 days in jail
Usually $250 fine
No license suspension
No Ignition Interlock requirement
Alcohol/Drug evaluation
ADIS class
VIP class
2 years stay out of trouble

Negligent Driving 2
This is a traffic infraction
Usually $250 fine

There are a couple of things to keep in mind.  Unless the DUI charge gets reduced to the traffic ticket or dismissed then it will always count as a prior DUI if you ever get charged with another one.  This would increase the penalties for the new DUI charge.

Remember if you have been charged with a DUI the goal should always be to try and get the charge dismissed.  However if that cannot happen then there is no reason the original charge cannot be reduced. Sometimes it takes a lot of hard work, research, and lots of investigation, but in the end there is always a legal issue to raise with the Prosecution when negotiation the case.

Leyba Defense PLLC

DUI Ignition Interlock requirements in Seattle

If you have been charged with a DUI or physical control offense in either Seattle or Washington State chances are you may be facing the possibility of having an ignition interlock device installed in your vehicle.


In case you're not familiar with what this is.  An ignition interlock device or breath alcohol ignition interlock device (IID and BIID) is a mechanism, like a breathalyzer, installed to a motor vehicle's dashboard. Before the vehicle's motor can be started, the driver first must exhale into the device, if the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration—usually 0.02% or 0.04%, the device prevents the engine from being started.


At random times after the engine has been started, the IID will require another breath sample. The purpose of this is to prevent a friend from breathing into the device, enabling the intoxicated person to get behind the wheel and drive away. If the breath sample isn't provided, or the sample exceeds the ignition interlock's preset blood alcohol level, the device will log the event, warn the driver and then start up an alarm (e.g., lights flashing, horn honking, etc.) until the ignition is turned off, or a clean breath sample has been provided. A common misconception is that interlock devices will simply turn off the engine if alcohol is detected; this would, however, create an unsafe driving situation and expose interlock manufacturers to considerable liability. An interlock device cannot turn off a running vehicle, all that an Interlock device can do is interrupt the starter circuit and prevent the engine from starting.


Now as I said before you have been charged with a DUI or physical control offense in Seattle or Washington State there are potentially 3 times you could face possibility of being required to have this device installed:


First, would be at your DUI arraignment in Seattle or Washington State.  From previous blog postings you should be familiar with this process.  If not click here, or visit my website.  At your arraignment the Judge will determine whether or not to impose conditions of your release while the DUI or Physical Control case is pending.  Typically these conditions include abstaining from alcohol, no driving unless valid license and insurance, and appear for all court dates.  However in certain circumstances the Judge can imposed enhanced conditions of your release.  These can include bail, electronic home monitoring, or installing an ignition interlock device.  These circumstances on determined on a case by case basis, and can occur if a person has been convicted of a DUI before, or if they were involved in an accident, or if they had a high breath test.  Unfortunately many DUI attorneys don't know the law for when these enhanced conditions can be imposed.  Usually if your case is filed in Seattle Municipal Court, chances are an ignition interlock device will be imposed at your arraignment.   At Leyba Defense PLLC we strenuously object to these conditions as a violation of a persons DUI process as well as a violation of the Criminal Rule 3.2 (release of the accused).  If you have had an ignition interlock device imposed at your arraignment, contact my firm immediately to determine the best course of action to get this thing removed.  As of the last 4 cases to have an IID imposed we have taken, my firm was able to get that condition released by the next court hearing.


Second, would be for any conviction of a DUI or Physical Control charge.  Based on a conviction the Department of License can require a person to install an ignition interlock device for either 1, 5, or 10 years depending on the number of prior requirements, and the persons criminal history.


Third, would be if you applied for an ignition interlock license.  In Washington State the Legislature passed a bill a couple of years ago which no longer required a person to sit out their license suspension.  Now if a person get their license suspended either administratively or from a conviction, they can apply for an ignition interlock license.  There are three requirements: 1. Install an ignition interlock device in car, 2. Apply and get SR-22 insurance, 3. Fill out the application and send in the fee to DOL.  Once DOL receives proof of these three requirements, it usually takes 3-5 business days to issue the ignition interlock license.


If you have been ordered to install an ignition interlock device from your DUI or Physical Control in Seattle or Washington State, you should contact my firm immediately to understand the requirements exactly.  If a person has been ordered to have an ignition interlock device in their vehicle, and they get caught driving without it, there can be severe sanctions imposed.  Bail and your personal recognizance can be revoked, you could be charged with a new criminal offense, and you can face other potential collateral consequences.


Matthew A. Leyba | DUI Attorney

Leyba Defense PLLC

Questions to ask when interviewing a DUI Attorney

Questions to ask when interviewing a DUI lawyer

There are literally hundreds and hundreds of Attorneys out there advertising themselves as a DUI Attorney or DUI Lawyer. And like all professions there are good ones and there are bad ones.  When you interview them you need to weed out the good ones from the bad ones. So I have compiled a list of 5 questions to take with you when interviewing a DUI Lawyer:

1. Do you practice exclusively in DUI Defense? This is important because there are a lot of attorneys that do advertise as Seattle DUI Attorneys. However there are very few that exclusive practice DUI Defense. DUI practice is very specialized and in order for you to have the best chance of beating this type of charge you need an Attorney that exclusively limits their practice to DUI Defense.  You need someone who knows the prosecutors and Judges, and understands the ins and outs of this particular area of law.   Leyba Defense PLLC exclusively practices DUI Defense. I would say about 95% of our cases are DUIs

  

2. How much experience do you have? This question is pretty similar to the one above. When I mean experience I don’t mean how many years have you been practicing law (although that is important). I mean how many DUI cases have you defended. This is important because you need a Seattle DUI Attorney that knows what it takes to defend a case and has the experience to rely on. Anybody go start their own law firm after law school.  In fact I’ve met a lot of attorneys who have done that.  However in a DUI case there are many different types of situations that can unexpectedly arise. Having a DUI Attorney that has been there and done that, will greatly enhance your chances of beating it.  I would say a DUI Attorney that has defended over a thousand DUI cases would have this type of experience.   Most of the cases I have defended as an Attorney have been DUI's. I first began work at the Spokane County Public Defenders Office. There I worked for two years in their DUI court. Meaning all of the cases I had where DUI's. The next four years I worked at one of the largest criminal defense firms in the State. There probably 75% of my cases were DUI's. In 2010 I opened Leyba Defense PLLC, my own law firm which focuses exclusively on DUI Defense.  In my career I have probably defended a couple thousand individuals accused of DUI. 

3. How many cases have you taken to trial recently, what were the results? As I stated before there are literally hundreds and hundreds of attorneys advertising themselves as a DUI Attorney. However very few actually go to trial and have the experience needed to get you a not guilty verdict. Going to trial is hard work. It’s really hard. Ask any trial attorney. And when a client is facing jail if you lose, there is a lot of pressure knowing that. The reason I think its important to find a DUI Attorney that shows they go to trial is very simple. In Washington State any time a person is charged with a DUI they face a mandatory jail sentence and fine. And lots of times the Prosecutor is not willing to negotiate and wants the mandatory jail and fine. Well my firm’s philosophy on defending DUI cases is very simple.  If you believe you’re not guilty, or if the Prosecutor wants you to plead guilty then I say set the case for trial.  Because in DUI cases if a person is found guilty at trial, then most times they will receive the exact same sentence that the Prosecutor wanted them to plead guilty to in the first place.  So my question to other DUI Attorneys, who don’t have this same philosophy, is why not.  I’ll tell you why it’s because they are either scared, or they don’t want to work hard.  Either way that is not the type of Attorney you want on your side.  Of the last 100 DUI's I have defended probably 50 have been set for trial and 25 have been taken to verdict.

4. What are your fees? As you know by now there are hundreds and hundreds of Seattle DUI Attorneys. And they all have different fees, and retainers. Ask what they are and like all things you get what you pay for.  If you’re going to hire the least expensive person you can find, then most likely that person will do the least amount of work on your case.  But at the same time I don’t think you need to hire the most expensive person either.  My fees vary depending on the facts of the case, a person’s criminal history, and the number of witnesses involved.  However I believe I fees are very competitive with other firms out there and they are always completely set out in the fee agreement.  I will never try and nickel and dime you for more money. 

5. How many DUI cases do you have right now? In this business there are attorney's known as "turn em and burn em" type of attorneys. These are the DUI Attorneys that have lots and lots of clients. And they only have one goal to get you to plead guilty as soon as possible so they can move on to the next person. Typically this is the attorney that charges the least amount you will find. Or the DUI Attorney that will say "even though you don’t have any criminal history, and this DUI case does not have egregious facts, you could get a substantial amount of jail if you lose at trial you should just plead guilty." I have no respect for these types of attorneys, and in my experience I would say about there are quite a few Seattle DUI Attorneys I see do this.   Part of the reason I left my last job was because of the high caseload I had. It was very difficult for me to give everything I had for every client. At Leyba Defense PLLC I keep my caseload small. By limiting the number of clients I take, I can devote more time to each case and each client.

Matthew Leyba | Attorney

Leyba Defense PLLC | Seattle DUI Defense

Presiding judge of Seattle Municipal Court targeted for defeat

Here is an article today from the Seattle Times discussing Seattle Municipal Court Presiding Judge Charles and the campaign against her. Read it here

Leyba Defense PLLC | Seattle DUI Attorney

DUI Attorneys accused of breaking rules in judicial campaign

Another article having to do with this years race for Seattle Municipal Court Judge and Seattle DUI Attorneys.

Read the article here

Leyba Defense | Seattle DUI Defense

DUI attorneys and Seattle Municipal Court Judges

Attached is a link from this weeks Stranger Magazine. It discusses an interesting topic that affects all those accused of misdemeanor DUI offenses in Seattle Municipal Court and the DUI Attorneys that practice there.

Essentially the article discusses how a group of DUI Attorneys in Western Washington have created a political action committee called Citizens for Judicial Excellence and how that have raised over $200K from contributors to use in this next judicial election. The article suggests this political group is targeting Municipal and District Court Judges that are more harsh on DUI defendants.

As a Seattle DUI Attorney I can understand this group is just trying to protect their clients. Normally I dont get involved in politics, but this is an area that affects my livelihood. Its been my experience over the years that there are some Judges, not just in King County but all over that seem to be more harsh than other Judges when it comes down to DUIs. Now the problem I have is not that these particular Judges are known to be strict, but its that some of these Judges do not seem to be impartial. I personally believe it is a great honor to be a Judge in the country. And as a Judge its an obligation to follow the law impartially and act free from bias. This is what our country was founded on, and this is what makes our judicial system work. So if a group of individuals would like to see changes in our judicial system, then I say go for it, and good luck. The beauty of democracy is ultimately the people of the City of Seattle, and King County will determine who sits on the bench next year.

Click here to see a copy of this article.

Leyba Defense PLLC | Seattle DUI Defense

Should a person represent themselves in a DUI case?

Lately, I have had several people ask me if they could just represent themselves in a DUI case. Each time I tell them the same thing. You have a legal right to do so, but it is not recommended.

I have been a Seattle DUI Attorney for 5 years. During 4 of those years I worked as a public defender, which means I was in court every single day, dealing with hundreds of clients a month. On occasion I had the opportunity to view people who elected to represent themselves on a DUI charge. Not once did this work to the advantage of the accused. I saw some interesting theories on why they were arrested, but I never saw anyone who actually did this get found not guilty.

There are many reasons why representing yourself on a DUI charge is not a good idea.

First there are numerous rules that you need to be familiar with. Both rules of evidence, and local court rules. A good DUI defense attorney has spent a significant amount of time familiarizing themselves with these rules, procedures, and court decisions.

Secondly a DUI attorney is going to have the experience that you dont. Whether it involves knowing the prosecutor, judges, and police officers. Or having the necessary experience in trial. Experience goes a long way in this field.

Lastly there is a science to defending a DUI. An accomplished DUI attorney will understand this science and be able to mount arguments against it. Defending a DUI is not as simple as saying the accused's ability to drive was not impaired by alcohol. There is a lot more to it than that.

If a person does choose to proceed "pro se" then a Judge will determine whether the defendant is fully aware of their rights, understands that going at this alone will not be a basis for appeal, and they will be held to the same standards as a practicing attorney.

If you are contemplating representing yourself on a Seattle DUI or a Washington State DUI charge, please contact my office immediately. I can certainly help with any questions you may have, and give you my thoughts on how you should proceed. I offer a free 60 minute consultation.

Seattle DUI Defense

700 citations have issued by police for using cell, texting while drving

Seattle PI article

With the new cell phone and texting law in place it is very important that everyone attempt to follow it. Especially if you have had something to drink and you to chose to drive. If you are unsure what constitutes an infraction contact my office and we will explain it to you.

Matt

What to say if you are contacted by Law Enforcement

So I met a fellow Seattle DUI Defense attorney who is also a graduate of the University of Utah the other day in court. He gave me his business card, and on the back it had this. Since friends always ask what to do if they get stopped by a police officer. Here you go.

What to say if you are contacted by law enforcement:

I refuse to consent to any search of my premises, the location of my arrest, my automobile, or personal affects. I wish to exercise my rights under the 5th and 6th Amendments to remain silent and to have my lawyer present during any questioning.

I do not want to answer any questions nor make a written or taped statement without first having the advise of counsel.

I refuse to do all field sobriety tests, including the portable breath test. I wish to talk with my attorney prior to consenting to take a breath test or blood test at the police station or hospital.

What does this mean in English?

So if you get stopped by a police officer after you have been drinking. First relax. If the officer had a reason to pull you over and smells the odor of alcohol, you most likely are going to get arrested. Whether the officer has sufficient evidence to arrest for a Seattle DUI is another story.

So please do yourself and your DUI attorney a favor. Decline to answer all questions. Decline to do any field sobriety tests including the portable breath test at the scene. Ask to speak with an attorney immediately and keep quiet.

If you follow this simple advice you will make it much easier on not only yourself but you Seattle DUI Lawyer as well.

Seattle DUI Arrest.....Now what?

If you have been arrested for a Seattle DUI then there are likely two legal actions against you:

1. The Washington Department of Licensing may seek to revoke or suspend your drivers license.
2. You may have to appear in court where you will face criminal charge.

1. Department of Licensing Action

What are my immediate concerns with the Department of Licensing?

• If a hole was punched in your driver's license, it means the Washington Department of Licensing intends to suspend or revoke your driver's license effective 60 days from your Seattle DUI Arrest.
• You may request a hearing to contest this suspension but it must be post marked within 20 days of the Seattle DUI Arrest. A nonrefundable $200 fee must be submitted.
• Your license may be suspended from 90 days up to 4 years depending if you have prior DUI offenses or what your blood alcohol level was. In addition you may be required to have SR-22 insurance once you are eligible to get it reinstated.

What happens if I contest my license suspension?

• A hearing will be held within 60 days of the date of the Seattle DUI arrest by phone or in person.
• You will be assigned a hearing officer who will determine the following: whether the officer had reasonable grounds to arrest you; whether you were under lawful arrest; whether you were read your rights; whether your alcohol level was over the legal limit or whether you refused the breath test.
• If your license gets suspended by the Washington Department of Licensing you may be eligible to apply for an ignition interlock license or an occupational restrictive license.

2. Criminal case action

If you are formally charged, your first court date will either appear via summons through the mail or on a ticket issued to you at the time of your Seattle DUI Arrest.

What happens at my Seattle DUI arraignment?

• Your first court appearance is your arraignment.
• This is where the Prosecutor will read the charges against you, and you will formally enter into a plea.
• The Judge may set bail, and/or impose conditions on your release.

What happens at my next hearing?

• If you didnt speak to a Seattle DUI Attorney before your arraignment, you need to contact one immediately.
• The next hearing after your arraignment is a pre trial hearing.
• Typically one of three things can happen at a pre trial hearing: your case can be continued to another pre trial hearing; you can pled guilty as charged or accept any plea deal to lesser charges; or you can maintain your innocence and set your case for trial.

What happens if I set my Seattle DUI case to trial?

• You may request either a bench trial heard by a Judge, or a jury trial heard by a group of your peers.
• Typically you will have several court dates in between your pre trial and jury trial that you may or may not be required to attend.
• A jury trial on a Seattle DUI case may last 1 day or 1 week depending on the number of witnesses, and evidence that will be presented. You will be required to attend every day of the trial.
• If you are found not guilty the Seattle DUI charge will be dismissed. However if you are found guilty then the Judge will determine your minimum sentence.
  

You dont have to deal with this by yourself. Let my law firm Leyba Defense PLLC worry about this. Let us stay up at night thinking about your case. Let us go to bat for you. Let us do everything we can to get this dismissed. A Seattle DUI Arrest is not the end of the world. Let us take care of this for you.