Seattle Attorneys Blog

Field Sobriety Tests in Washington: What is HGN?

February 26, 2015 | by Blair & Kim, PLLC

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

February 24, 2015 | by Blair & Kim, PLLC

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

Temporary Child Support

February 24, 2015 | by Blair & Kim, PLLC

If children are involved in a family law case, there is sometimes a need for temporary child support. Fortunately, Washington State has a procedure for obtaining temporary child support. Temporary child support is child support that the court orders to be paid by one parent to the other for the benefit of the child(ren) during the pendency of the case. The request for temporary child support can be made at the same time as other initial pleadings in a case, or can be brought later as the need arises or as the party is ready to make such a request. Continue reading

Field Sobriety Tests in Washington State

February 22, 2015 | by Blair & Kim, PLLC

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?

3 Circumstances When You Should Speak with a Family Law Attorney

February 16, 2015 | by Blair & Kim, PLLC

Sometimes people wait to consult with a family law attorney until after their case has progressed too far and there are less options for an attorney to use to help them. Obviously it is best that you speak with a family law attorney whenever you have questions about how the law might impact your family structure or family finances, but we recognize that this is not always possible. That said, there are circumstances under which you should make an extra effort to consult with a family law attorney. Here are a few circumstances under which we strongly recommend that you speak with a family law attorney if at all possible: Continue reading

How to Divide Retirement Assets

February 9, 2015 | by Blair & Kim, PLLC

Retirement assets can be a substantial part of a couple’s financial portfolio. This is especially true for couple’s that have worked a long time in their careers and those nearing retirement age. In many cases, the division of these assets is necessary to effectuate a just and equitable division of the marital assets (as required by RCW 26.09.080). When we address retirement assets with our clients, many are concerned about the tax consequences of such a division. They worry that the division of the retirement asset may be treated as a withdrawal and taxed and/or penalized accordingly. The division of retirement assets may be a bit more complicated than the division of other types of assets (like bank accounts, real property, and personal property), but with an experienced family law attorney there to help you, it need not be overwhelmingly difficult.

Discovery in Family Law Cases

February 3, 2015 | by Blair & Kim, PLLC

The discovery process is one of the most important parts of many Washington family law cases. The discovery process is the process by which both parties in a family law case obtain information and/or documentation from the other party or third parties. During the process many different types of information may be obtained using several different discovery methods. A family law attorney can help a client develop a discovery plan that properly fits the needs of their case.

One method of discovery is interrogatories directed to the other party. “Interrogatories” is the word we use for questions asked of one party of a dispute. The questions may be simple and the answers may provide only specific facts, or they can be more complicated and include multiple parts. In some counties there are limits on how many Interrogatories may be sent to the other party.

How to Save Money in Your Family Law Case

January 26, 2015 | by Blair & Kim, PLLC

Most people that hire attorneys to represent them are concerned about how much they will be spending on their attorney and other court fees. While good representation is invaluable when so much is at stake, there are ways that you can reduce your legal costs without sacrificing having the best representation possible. Here are some ideas we have for our family law clients: Continue reading

What to do When Child Support is Not Being Paid

January 21, 2015 | by Blair & Kim, PLLC

If child support is not being paid as set forth in a valid court order there are a few steps that may be taken to obtain child support. First, in almost all cases (excluding those involving a protection order or restraining order), the unpaid party should provide the other party with written notice of any unpaid support. This notice should set forth the amount owed, and ask that the other party pay. In some cases, written notice to the other party is all it takes to obtain payment for overdue support. The notice can also be beneficial if your case ends up in court, as it can be used to show the court that you tried to solve the problem without involving the court. If the party will not pay after notice has been given, the party receiving maintenance has options as to the next step.

One option is to contact the Division of Child Support and see what services they can offer to help you obtain back support. Another option is to (with the assistance of an attorney, or on your own) file a motion for contempt. If, after reviewing the evidence and the arguments of the parties the court agrees that the paying party is in contempt, the court may reduce the amount owed to a judgment and garnish the wages of the party in contempt.

3 Links that are Important for a Person Dealing With a Family Law Case

January 17, 2015 | by Blair & Kim, PLLC

Sometimes people want information about the dissolution process prior to speaking with an attorney. There are links available that can give these people a general idea about the process and the laws that will affect their case.

The Superior Court Civil Rules link is here. These rules dictate how court procedure will take place in Washington Superior Courts. It is also important to know the local rules for your county. The link to a list of local court rules is here. These rules will also be important to your case. Many counties have rules that relate specifically to family law cases.
Some of the forms used in the dissolution process are located here. Many people find it useful to review the forms that will be used in the case they are planning to file (or respond to). The forms can also give them an idea of what types of information they need to prepare to provide their attorney.