In a significant ruling, Washington’s highest court tackled the question of whether a defendant’s refusal to perform a field sobriety test may be used against him at trial on a charge of driving under the influence (DUI). The court ultimately held that a field sobriety test is not a search…
In a recent case, the Court of Appeals of Washington reviewed a personal injury claim brought by a park visitor against the Port of Skamania County. In Hively v. Port of Skamania County (Wash. Ct. App. Apr. 4, 2016), the plaintiff was visiting one of the Port’s parks, Teo Park,…
Police officers must generally follow statutory and constitutional protections when arresting or interacting with individuals. In a recent case, the Washington Court of Appeals addressed the consequences of failing to provide the required statutory warnings before administering a breath test to a defendant arrested for driving under the influence (DUI).…
Everyone can relate to the experience of walking into the grocery store without a shopping list and leaving the store without what you went in for, having spent lots of money on things you didn’t need. Notes aren’t only important for grocery shopping. They can help keep meetings on task,…
In a recent personal injury case, the Court of Appeals of Washington decided issues involving parental immunity and allocation of fault in a negligence claim. In Smelser v. Paul (Wash. Ct. App. Apr. 4, 2016), the defendant was visiting a friend with two young sons who were playing in the…
Myth 1: You don’t have to pay child support if you have a 50/50 parenting plan. Fact: While it is true that in some cases with 50/50 parenting plans there will be no transfer payment of child support from one parent to the other, in many 50/50 cases, especially those…
In a recent opinion, the Court of Appeals of Washington decided a case in which a defendant appealed his jury trial conviction for fourth-degree assault involving domestic violence. In City of Tacoma v. Driscoll (Wash. Ct. App. Mar. 22, 2016), the defendant argued that the lower court violated his right to…
Washington family law clients and attorneys alike should know that there are changes coming to the Washington State Family Law Forms. The revised forms will become required on May 1, 2016, but they are available now on the Washington Courts Website for review and preparation for adoption. The forms are…
The Washington Supreme Court recently decided an appeal involving a car accident in the case of Wuthrich v. King Cty. (Jan. 28, 2016). The plaintiff was riding a motorcycle when another motorist pulled out in front of him at an intersection. The plaintiff brought an action against the County, alleging…
In an important decision, the Court of Appeals of Washington addressed the issue of whether a warrantless blood test violated the rights of a defendant charged with driving under the influence (DUI) of marijuana. In City of Seattle v. Pearson (Wash. Ct. App. Feb. 29, 2016), the defendant struck a…