tcmilios's blog

On Friday, February 10, 2012, a Seattle City Police Officer was arrested in downtown Seattle for DUI.  This marks at least the third such arrest for a member of the Seattle Police Department within the last year alone.  This entry really is not about rubbing it to the SPD.  People get arrested for DUI.  Good, generally law abiding people, with no criminal intent, get arrested and charged with DUI.  It happens all of the time and a vast majority of them have never been in trouble before.  Police officers are not immune for the possibility of a DUI stop and arrest.  This entry is about high l

One of the most common, if not the most common questions I receive when speaking with someone who has just been arrested for DUI is, "Can I still drive or has my license been suspended automatically?"  Most are surprised to learn that the mere fact of a DUI arrest in Washington state does not mean that there will automatically be a license suspension.  If the arrested person has either given a blood or breath sample above a .08 or is alleged to have refused a breath test, the Washington State Department of Licensing will act to suspend or revoke the driving privilege.  This is assuming that

House Bill 1789, adopted in April of 2011, focused on issues ranging from ignition interlock laws, to DUI penalty increases to the creation of state and federally funded "DUI courts". Starting on September 1, 2011, changes to the existing Washington Ignition Interlock laws take effect.  One of these changes will potentially reduce the amount of time an individual will have to keep an ignition interlock device (IID) installed on his or her vehicle.  The others however, will increase the scenarios in which a person will be required to have an ignition interlock device installed.

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Planning on going out for dinner and a couple drinks but not sure where you want to go? The folks at the Washington Traffic Safety Commission (WTSC) have just helped make that decision a little easier.

In an effort to dissuade people from drinking and driving, the WTSC has made public the locations for future DUI emphasis patrols in King, Pierce and Snohomish Counties with more counties to be unveiled later. While the commissions intentions are sound, one has to wonder if telling people where specifically they shouldn’t drink and drive will have the desired effect

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As of July 22, 2011, police officers making DUI arrests in the State of Washington no longer have the option to leave to person’s vehicle parked where it is or to allow another person to drive the vehicle home. On that date, legislation enacted back in April of 2011 took effect, commanding that the vehicle of a person arrested for DUI in the state of Washington must be towed from the scene and held for a period of 12 hours. Known as Haily’s Law, it was created to ensure that a drunk driver does not return to his or her car and drive following his arrest and release.

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In 2008, the Washington State Legislature created the Ignition Interlock License (IIL). Effective in January of 2009, individuals who had been convicted of DUI or had their license suspended or revoked administratively were, in most cases, now given the opportunity to continue driving during the period of suspension/revocation so long as this new law was satisfied. Gone for the most part was the occupation license, that allowed a person to drive after a certain period of the suspension had been completed so long there was a signed declaration from the driver’s employer stating that driving was a necessary component of employment. There were also exceptions for schooling and treatment. Now, when eligible, a person need only equip his vehicle with an ignition interlock device, show proof of financial responsibility (SR-22) and file an application with the DOL.

Like most revolutionary new laws, this one also created a host of new problems, inconsistencies and outright inanities. So in 2010, the legislature re-addressed the ignition interlock law and made several amendments. Now, as of January 1, 2011, several new changes to the ignition interlock law become effective. Most changes were good. Some...not so good. And others, still inane.  Regardless, there is much for the Washington DUI Lawyer to consider.

With one legislative action and one election, the face of the Seattle Municipal Court has gone through its most dramatic change in decades. The facelift began when the Seattle City Counsel decided to trim one of the eight judicial positions on the Seattle Municipal Court due to budgetary cuts. It ended when four new judges were elected on November 2, 2010.

The race that garnered the most media attention featured incumbent Presiding Judge Edsonya Charles facing a challenge from assistant city attorney, Ed McKenna. Judge Charles ran primarily on a platform decrying that her opponent was running with the support of DUI lawyers. The truth is that Mckenna had the bi-partisan support of prosecutors and defense attorneys alike and he was elected by an overwhelming margin.

King County District Court Judge Judith Eiler has been suspended for five days without pay by order of the Washington Supreme Court.   The order represents a reduction of the Washington State Commission on Judicial Conduct's initial ruling that the judge be suspended for a period of ninety (90) days.  The suspension is based upon repeated violations of Canon 3(a)(3) of the Washington Code of Judicial Conduct which states:

"Judges should be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom judges deal in their official capacity, and should require similar conduct of lawyers, and of the staff, court officials, and others subject to their direction and control."

Beginning August 12, 2010, and ending September 6, 2010, every major law enforcement agency in King County, Washington, will be participating in the Washington State's Drive Hammered, Get Nailed campaign. The King County DUI task force willl include police agencies from Algona, Auburn, Bellevue, Black Diamond, Burien, Clyde Hill, Covington, Des Moines, Duvall-Carnation, Enumclaw, Federal Way, Issaquah, Kent, Kirkland, Maple Valley, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Port of Seattle, Redmond, Renton, Sammamish, SeaTac, Seattle, Snoqualmie, Tukwila and Woodinville Police Departments, and the Washington State Patrol. The Bothell Police Department will also be involved, conducting patrols as part of the Snohomish County DUI and Target Zero Task Force

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