DUI arrest in the City of Seattle....What next

If you have been arrested for a DUI in the Seattle City limits then your DUI case will be filed in the Seattle Municipal Court.  Facing a DUI in Seattle Municipal Court is a bit different than other jurisdictions.  From the date of your arraignment to the Judges to the probation department everything is a little bit different than other Courts.  Here is everything you need to know about a DUI in Seattle Municipal Court.

First the arraignment.  Your arraignment will be a couple days following the DUI arrest.  It will be either in room 1002 if it falls on a weekday or it will be in the King County Jail if it is on a Saturday.  In most cases regardless of the breath test and the number of offenses the Prosecutor is going to ask the Judge to impose several conditions.  Abstain from alcohol, bail, and an ignition interlock device on any vehicle you drive.  That's right pretty tough conditions on a first offense, but that is one of the quirks of Seattle Municipal Court.  Obviously you want to object to these conditions.

Second negotiating with the Prosecutors is a little unique.  Like most Prosecutor offices a schedule will come out a few weeks prior to a pretrial hearing.  However in Seattle Municipal Court there are two Prosecutors at a pretrial hearing.  A "talking head" who just speaks on the record, and a "negotiating" Prosecutor who is in one of the attorney conference rooms outside the Court room.  

Third there are two readiness hearings.  That's right the hearing you appear before you announce ready for a trial is called the readiness hearing.  In Seattle Municipal Court there is a first and a second readiness.  Although this is not as common as it used to be.  It still occurs.  The DUI lawyer needs to appear at both.  At the first readiness hearing you can ask for a second readiness hearing if you need additional time to negotiate or there are outstanding issues and either party is not ready for trial.

Fourth is the master calendar.  This is actually pretty cool.  Every DUI case that gets set for trial on a particular week in Seattle Municipal Court appears Tues morning at 8:30.  There the Judge will go through every case.  The parties will either announce they are ready, ask to pass, or ask for a continuance or note a resolution has been reached.  After about 2-3 passes the Judge will start assigning cases to a particular trial Courtroom.  Then the Prosecutor and the DUI Attorney will go to that Courtroom and start the trial.  

The other big difference with Seattle Municipal Court is the requirement of probation on almost all DUI cases if the alcohol/drug evaluation and ADIS/VIP requirements are not done.  In other Court if you don't get the ADIS/VIP class done at the time of sentencing the Judge will give you 90 days or so to get it filed.  There is no probation requirement but simply a deadline.  In Seattle Municipal Court unless you can convince the Judge to go against the norm you will be required to check in with a Probation officer so they can monitor your compliance with the ADIS/VIP.  Why is this a big deal?  Other than the time commitment there is also an additional court fee to be monitored. 

Obviously every court is different, but in my opinion Seattle Municipal Court has some quirks that if you're not familiar with can seem quite odd.  

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About the author: Matthew Leyba is a DUI lawyer in Seattle.  His practice focuses on representing those charged with DUI and all other traffic offenses.  Leyba Defense PLLC has offices in downtown Seattle and Bellevue, WA. 

Matthew Cordle changes plea to guilty

A few weeks ago I blogged about Matthew Cordle and how there was this outcry from the public because he did not initially plead guilty to vehicular homicide at his arraignment.  

In case you're not familiar with who this guy is or you didn't read my blog.  Basically he was involved in a hit and run.  He posted a confession on YouTube and said he was going to turn himself and and plead guilty as soon as possible.  However at his first hearing, the arraignment, he entered a not guilty plea.  And the media, the general public, and even the Judge were upset and seemed to imply that he went back on his word.

Well I posted that nobody enters a guilty plea at the arraignment.  To suggest otherwise is just ridiculous.  Heck even Judges are reluctant to take a guilty plea on a theft of a candy bar at an arraignment let along a charge as serious as vehicular homicide.  A defendant gives up basically all their constitutional trial and appellate rights.  So it is kind of a big deal and to me it was no surprise his initial plea was one of not guilty.

However last week Matthew Cordle changed his plea from not guilty to one of guilty.  According to the Prosecutor he faces a maximum penalty of up to 8 1/2 years for the vehicular homicide charge.  His sentencing is set for the middle of October.

In case you're not familiar with my blog, I'm a DUI lawyer in Seattle.  So I see people all the time charged with these types of offenses.  Alcohol related offenses, mostly DUI cases.  Most people I see in Court (not my clients of course) they are only looking for one thing.  How to get out of this mess they got themselves into.  

Heck I remember I met with a prospective client once and that was the first thing she asked.  How I was going to get her off.  So it is very surprising when someone in such a public manner just pleads guilty as charged and really takes all the responsibility for their actions.  

I know what this guy did was horrible and somebody lost their life because of a poor decision he made.  But hey you have to hand it to him.  He confessed, he turned himself in, and he followed through with his promise to plead guilty.  To me that shows a lot of character and I respect his decision.  Now don't get me wrong I realize somebody lost their life, but I'm simply saying Mr. Cordle showed a lot of accountability by doing what he believed was right, and I think even the most ardent anti-DUI crusader would agree.  I certainly do. 

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About the author: Matthew Leyba is the owner of Leyba Defense PLLC.  A DUI Law Firm located in the Seattle Bellevue area of Western Washington.  He focuses on representing those charged with DUI and other traffic offenses.  He has been named a Rising Star in the field of DUI Defense by Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive, and he is also rated a Top DUI Attorney by Avvo.   

Life in prison for a DUI? You betcha in Texas!

I recently saw an article about a woman who received a life sentence in prison for her 6th DUI conviction.  That's right life in prison.  You may be surprised by that, especially considering it wasn't a vehicular homicide or vehicular assault case, but a run of the mill DUI.  But I'm here to tell you these types of sentences are becoming more and more common recently.  So what happened you ask?

Rose Ann Davidson, 44, was arrested by a Kyle police officer in the early morning hours of July 27, 2012, on Interstate 35 after he observed her driving erratically. The officer concluded she was intoxicated and found an open container of beer in her vehicle.  Davidson had five prior convictions for driving while intoxicated dating back to 1996 and had only recently been released from prison, Hays County officials said.

As a DUI Lawyer in Seattle this type of a sentence does not surprise me.  Especially considering the shift in public and media perception of DUI offenses.  If you have been following my blog about Seattle DUI Defense you will know that these types of sentences are going to become more common as the years go by.  Repeat DUI offenders are not being tolerated, and this case in Texas is just another example.

A few days ago I stumbled across a blog where the author said people charged with DUI's do not need an attorney.  That DUI Attorneys are only in the business of scaring people so they can charge an exorbitant fee and prey on their fears.  I almost spit up my coffee when I saw this "so called advice."  By hey to each their own.  

Im a DUI Lawyer and I do this for a living.  I have never seen a case where a defendant appeared pro se and they were better off.  I've seen people think they were smart and they could represent themselves.  But it almost always ends up badly for them, and it is definitely not something one should consider.  Especially considering the increase in more zealous prosecutions for even first time offenses.  

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About the author: Matthew Leyba the owner of Leyba Defense PLLC, a Seattle DUI based law firm, focuses exclusively on representing those accused of DUI and other traffic offenses.