Seattle Attorneys BlogWhat happens when you are pulled over for driving under the influence? what if you didn’t go to jail, and you aren’t sure if you were even arrested? How do you know if you will be charged and when? Continue reading
Articles Posted in Criminal Law
When a co-defendant is charged with the same offense: State v. Downs
For starters, let’s say that John Doe is charged with possession of a firearm when he is pulled over by police late one night. At the time he was charged, he was in a car with a friend who is indisputably the one who possessed the gun and concealed it under the seat of the car prior to the traffic stop. All reports from the law enforcement officers indicate that the weapon was possessed by the friend of your client. The officers searched the vehicle and found the gun under the friend’s seat. The State charged the friend with and is now trying to make an example of Doe. So what do you do?
Neighbors and No Contact Orders
Washington State courts can issue an No Contact Order (NCO) as condition of sentence, but can they require a distance requirement that results in a hypothetical client being prohibited from living in his residence which is next door to the alleged victim? The statute authorizing a no contact order states that such a order must clearly be read to prohibit conduct as the principal legislative intent. See e.g. RCW 10.99.040(2)(a)(“contact” mentioned 4 times before the single mention of “distance”). Continue reading
The Fellow Officer Rule
Hypothetically, you have a police officer who while driving her car past a intersection observes a individual selling crack on the street corner, he directs another patrol car following directly behind him to arrest the individual. Can he do this? how is this legal?
NHTSA: Drugged Drivers no more likely to crash than Drunk Drivers
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION — A new federal study shows that drivers who have used pot are just as likely to get into a crash as sober drivers. The study was performed by the National Highway Traffic Safety Administration (NHTSA) in Virginia and compared more than 3,000 drivers in the area who were involved in an accident with over 6,000 control drivers who were not in an accident.
Case Summary: State of Washington v. Ryan Richard Quaale
In December 2014, the Washington State Supreme Court held that the HGN field sobriety test, which can indicate physical signs of alcohol consumption, cannot by itself establish impairment. On August 28, 2011, Washington State Patrol Trooper Stone observed Ryan Quaale driving his truck 56 mph in a 25mph zone on a residential street. Continue reading
Do I have a right to a speedy trial in Washington State?
So what is the right to a speedy trial? The Sixth Amendment to the United States Constitution, provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial.” The Clause is important because it protects the defendant from delay between the time when they are charged and the beginning of trial. But do you have a right to a speedy trial? Did you waive it? How can you know? And what happens if you are in prison and have other charges pending?
Field Sobriety Tests in Washington: Taking the Walk and Turn, Heel to Toe Test
The Walk and Turn, Heel toe test one of the most common SFST’s administered in Washington State. A person will first listen to instructions, then walk in a straight line to show divided attention between mental tasks and physical tasks. The mental tasks include comprehension of verbal instructions, processing of information, and recall of memory. The physical tasks include balance and coordination while standing still, walking, and turning. The test is administered in two stages, the instruction phase and the walking phase. Both are required.
During the instruction phase, the officer will instruct the individual not to start walking until told to do so and to stand erect with their right foot in front of their left.
Field Sobriety Tests in Washington: What is HGN?
Horizontal Nystagmus is one of three common field sobriety tests currently administered by law enforcement officers across Washington State. Nystagmus is an involuntary rapid movement of the eyeball, which may he horizontal, vertical, or rotatory. An inability of the eyes to maintain visual fixation as they are turned from side to side (in other words, jerking or bouncing) is known as horizontal gaze nystagmus, or HGN. Some investigators believe alcohol intoxication increases the frequency and amplitude of HGN and causes HGN to occur at a smaller angle of deviation from the forward direction.
In administering the horizontal gaze nystagmus test, an officer will look for the three following clues in each eye: (1) lack of smooth pursuit, (2) distinct nystagmus at maximum deviation, and (3) onset of nystagmus prior to 45 degrees. Continue reading
Case Summary: State of Washington v. Michael Baity and Edward Arnestad
In State v. Baity, the Washington Supreme Court found the basis for HGN testing, that intoxicated people will exhibit nystagmus, to be generally accepted under Frye. Baity also addressed the admissibility of the 12-step DRE examination, of which HGN was one step, employed by police officers to detect behavior associated with certain drugs and held that it constituted novel scientific evidence. The Court also placed clear limitations on officer testimony based upon this scientific testing.
Michael Baity and Edward Arnestad were each charged in separate prosecutions for driving under the influence of alcohol or drugs (DUI). Continue reading