Seattle Attorneys BlogNATIONAL 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.
Articles Posted in Criminal Law
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
Field Sobriety Tests in Washington State
For decades, Washington State law enforcement agencies have administered certain physical tests to individuals suspected of intoxication. Nowadays, almost everyone who has consumed alcohol, or driven a car is aware of the Standard Field Sobriety Test’s, otherwise known as FST’s. Perhaps the most widely and best known test being, Walk and Turn, Heel-Toe test. The real question is though just how reliable are standard field sobriety tests?
What does it mean when an officer says he is a DRE?
In Washington State, Drug Recognition Experts, also known as DREs are regular law enforcement officer’s who have received additional training to recognize impaired drivers who are under the influence of drugs other than, or in addition to alcohol.
In the 1970’s the Los Angeles Police Department developed the Drug Evaluation and Classification Program (DECP). The purpose of the program was to train officers on how to determine whether a driver is under the influence of drugs, and then to determine the type of drug causing the impairment. Washington State adopted the program in 1996 and currently has approximately 230 active DREs. While individual agency policies can vary on when specifically a DRE will be called, they generally investigate major collisions and when officers suspect drug involvement.
How Will My Criminal History Impact My Divorce?
People from all walks of life have criminal records. Some people have had a DUI. Others have had convictions for assault or theft. When these people get divorced, many of them wonder how their criminal record will impact their dissolution proceedings. Unfortunately, for purposes of this blog post the answer has to be that it depends. There are many circumstances that can impact how much weight and consideration the court will give a previous violation of the law when deciding on family law issues. Here are a few ways that your criminal record may affect your family law proceedings. As with all legal issues on this blog, it is best to speak with an attorney that knows the details of your case about how your criminal record may impact your dissolution proceedings.
- Parenting Plan: If you have children, it becomes much more likely that the court will consider more seriously your criminal record. If your spouse is claiming that you are an alcoholic, the court will take a keen interest in your past alcohol offenses. If your spouse claims you are violent, the court will look at offenses involving violence with special interest. It likely goes without saying that criminal convictions involving children will likely be given the most attention.
- Restraining Orders: If your spouse is requesting a restraining order, and you have a criminal history that includes assault or other domestic violence crimes, it is likely the court will take these into consideration when deciding whether or not to grant a restraining order to your spouse.
Learn More About Your Seattle Criminal Defense Lawyers
When charged with a crime, people tend to panic. After all, being charged with a serious crime can be a life altering experience. Some men and women may be nervous about the situations that await them because of their charges. For example, people that are charged with a DUI can be arrested and forced to spend time in jail. They may also need to attend DUI rehabilitation classes and may even lose their job because of their poor choice to drink and drive. A teacher who is charged with a sex crime will certainly lose his or her job if convicted. As well, being convicted of a crime comes with social implications. People may lose contact with their loved ones if they are convicted of serious crimes like murder, drug offenses, or theft crimes. People who are charged and convicted of domestic violence may lose the ability to spend time with their children or may be commanded to avoid friends with a restraining order.
The results of being convicted of a crime can be horrific, but you may not need to suffer these horrible difficulties. With the right Seattle criminal defense attorney on your side, you may be able to go up against the prosecution well-equipped. The right attorney will be willing to work through whatever situation you are involved in. In order to get the representation that you need, you will have to choose a compassionate and caring but aggressive and hardworking attorney. That is what you get when you choose to hire an attorney from Blair & Kim. This is a Seattle criminal defense firm that has been in operation since 1995. The firm understands how to get the best results for people in need and to provide clients throughout the state of Washington with the highest degree of client service and representation.
One of the reasons that Blair & Kim stands apart from other firms in the area is because the founding attorney, Mark Blair, used to be a Washington state prosecutor. While working on the other side of criminal law, he got to know the men and women that make up the courts of Washington with a friendly familiarity. He also learned a lot about how the prosecution thinks through cases and he can now anticipate the actions that they are going to take in almost any situation. After spending some time acquiring knowledge as a prosecutor, Attorney Blair decided that he wanted to help those in need by advocating for the accused in court.