Washington Legislature ready to enact nations strictest DUI laws...

King5.com reported today:

OLYMPIA, Wash. -- Drunk driving laws are changing in Washington state after two high-profile, deadly crashes involving suspected drunk drivers in King County.

Governor Jay Inslee, D-Washington, announced a new package of driving under the influence laws has bipartisan support in Olympia.
“Every accident and every death we see involving a DUI could have been prevented,” Inslee said in a release. “People who choose to get behind the wheel must know that we are done giving them a free pass.”

The proposed legislation would result in several penalty changes.

Police would have to arrest and take the driver into custody after a first DUI offense, according to the Governor’s office. After a second offense, drivers would have to choose between treatment or a mandatory six months in jail.

Drivers convicted of a third DUI would get at least a one-year prison sentence. In addition, a three-time offender will be issues a new driver's license that would prevent them from buying alcohol for 10 years.

Frank Blair, whose daughter was killed by a DUI driver in 2010, said he was pleased with the proposed laws.
"It sends a message, we have to stop this, it's not ok," said Blair.

Judy and Dennis Schulte were run over March 25 by a suspected drunk driver, Mark Mullan, in Northeast Seattle. Mullan is also accused of seriously injuring the Schulte’s daughter and infant granddaughter. He had several prior DUI convictions.

Morgan Williams was killed April 4 by an alleged drunk driver going the wrong way on Highway 520. The driver in that crash, Michael Robertson, was awaiting trial on another DUI charge.

Nate Webb says: These would be the strictest DUI laws in the nation! No one condones drunk driving, but six months in jail or treatment (that is a change from 30 or 45 days to 180 days)! Also, booking everyone arrested for a first offense DUI is ridiculous. I have many clients who are charged yet their cases are never filed, or believe it or not, they are subsequently found not guilty or have their cases dismissed, this is draconian. What the legislature is saying is that even though there is .08 threshold, and it is actually not illegal to have a couple of drinks and drive, if some cop wants to book you regardless of your breath test you are SOL. My colleagues can attest to having clients charged with DUI even when their breath tests are below the legal limit! So even though you were found not guilty or had the case dismissed, you were placed in jail for no good reason. Is that due process, I think not.  This is simply guilty until proven innocent.  Remember, judges, cops, legislators, Supreme Court Justices have all been arrested for DUI in this state and not all were convicted, so is this proposal really justified! 

Ex-Cub/Diamondback Mark Grace DUI sentence...

I loved watching this guy play ball. He had a pretty funny quote about Harry Caray, "there were so many nights I loved Harry, and so many mornings I hated him..."  Looks like he took Harry's lifestyle too seriously ...

Former Arizona Diamondbacks television analyst Mark Grace has been sentenced to four months in jail under a work-release program.

FALLS FROM GRACE

Plenty of athletes have committed epic career blunders. Check out the top sports star screwups.

The 48-year-old former first baseman with the Diamondbacks and the Chicago Cubs pleaded guilty Thursday to felony endangerment and misdemeanor driving under the influence of alcohol.

Grace was arrested last August in Scottsdale, his second drunken driving arrest in 15 months, and could have faced more than three years in prison. He had pleaded not guilty in October to four felony counts of aggravated DUI and was scheduled to go on trial March 19.

The Diamondbacks fired him as their analyst after the August arrest but later invited him to participate in a fantasy camp.

A Maricopa County Superior Court spokesman says the jail sentence begins Feb. 10. Grace must also serve two years of probation.

Client's DUI Dismissed today...

due to the inability of a prosecutor to view the case for what it was, Actual Physical Control.  The Court dismissed my client's DUI charge when I argued there were insufficient facts (at an evidentiary hearing) to establish my client was driving the vehicle in question.  I don't understand why the prosecutor's office insists on filing charges they cannot prove, but oh well, it worked out for my client to have an experienced Seattle DUI Attorney on his side!  Call today if you want to talk about your DUI charge (425) 398-4323.  This case was in King County District Court and my client was alleged to have blown over. 15. 

By Nathan Webb

New Marijuana DUI Law explained..

New Marijuana Law (I-502) - Seattle Cannabis DUI

Washington State Marijuana DUI

DUI defense is always affected by admissibility of tests to determine alcohol, but now the State has enacted a new portion of the DUI statute to crack down on Marijuana use. Drivers suspected of marijuana use have always come under scrutiny and previously, when charged the State could only speculate as to the "impairment" level of the driver. But now, there is a new legal standard for impaired drivers who have been driving while using marijuana, it is 5 ng/mL. How did the State come up with this standard? Who knows! There are no agreed treatises or studies of any sort which conclude that absolutely every driver is impaired at 5 ng/mL, but the State is using this "level" nonetheless. It is a per se level, so that means, even if you are a regular user of Marijuana in Washington State and are arrested for a Marijuana DUI, the prosecution only has to show that your blood results were 5 ng/mL and they get a conviction. There is no speculating as to whether that particular individual isn't impaired, they are presumed impaired even though there is no documentation (treatise, scientific studies, etc.) to establish this finding. I find this highly suspect and very concerning. My advice to anyone suspected of a Seattle Marijuana DUI is, don't drive at all after smoking marijuana.

Problems with Marijuana DUI Evidence

Numerous defense challenges to the results in Marijuana DUI cases are certain to arise, especially given the fact that there is no way to estimate how many tokes or puffs get someone to the "per se" level of 5 ng/mL. In breath test cases concerning alcohol there is a guideline (albeit from the 1930s) wherein you can estimate a BAC level (Widmark's formula). However, there is no such guideline for cannabis. In fact, numerous studies indicate that estimating marijuana impairment via plasma (i.e., a blood draw) is problematic and inconclusive. Nevertheless, the legislature will enact the 5 ng/mL standard level and you will be presumed guilty. Think also how this affects Medical Marijuana users. They are authorized to consume marijuana, but given there is no way to estimate what level they may reach after just a couple of puffs, this new DUI Marijuana law is essentially "no tolerance." It precludes the use because drivers are risking a criminal conviction even if they are using under the law!

Marijuana DUI - Cannabis DUI Advice

Seeing as how 5 ng/mL is such a low standard, with no apparent scientific standard for estimation or determination of impairment, it is best to just not drive at all after using marijuana. Also, considering the government put no effort into determining how different varieties of marijuana may affect individuals, it is advisable to find other transportation. This new statute and enactment by the government, in my humble opinion, is foolish, and without any true scientific conclusions it is draconian . I'm prepared to fight for you if you have been charged with a Seattle Marijuana DUI, Seattle Cannabis DUI or Washington State Marijuana DUI. In fact, my first "Not Guilty" DUI verdict was a case involving and allegedly impaired driver who was smoking marijuana! Contact us today to discuss your case!

Current Statue (RCW) on DUI - Drugs

RCW 46.61.502 Driving under the influence. (1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state: (a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or (b) While the person is under the influence of or affected by intoxicating liquor or any drug; or (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug. (2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section. THEREFORE, even if you are legally consuming, smoking marijuana, you are subjected to arrest for driving a motor vehicle afterward. If you have been arrested for a Washington State Marijuana DUI, call today!

 

by Nathan Webb

Dirty cop fired for falsified DUI arrests...

Anyone who's ever been pulled over by a cop for something they didn't do will find reason for both fury and comfort in the story of Utah Highway Patrol Cpl. Lisa Steed. Steed, a cop celebrated for her diligence, has now been fired amid allegations that she falsified dozens — perhaps hundreds — of DUI arrests. Steed routinely pulled over drivers she claimed were driving drunk or on drugs and arrested them, even if they were found to have no drugs or alcohol in their system, a lawsuit contends. "Her actions are so blatant," a plaintiff's lawyer says, "it is probable that she acted like this in an untold number of cases."

A terrible example of abuse of due process and constitutional rights to further her own agenda.  She will soon find out what "justice" really means.

By Nathan Webb

Two Seattle Police Officers arrested for DUI and Hit and Run...

SEATTLE (AP) - The Seattle police department says two of its officers have been arrested for suspicion of a hit-and-run and driving under the influence.

Seattle police spokesman Sean Whitcomb says a local resident noticed a collision just after midnight Monday, saying that a woman driving a Nissan Altima had front-end damage. The witness said the woman stopped the car and switched seats with a male passenger and they drove off.

Whitcomb says officers did an area check and found the Altima a few blocks away, parked two to three feet away from the curb with the engine still running. Officers recognized the pair in the car as off-duty police officers.

A duty captain responded to the scene and the pair was arrested.

Investigators aren't sure yet what the pair struck while driving.

We will wait and see the outcome of this matter but it seems like switching places in a seat is bad enough.

by Nathan Webb

Cowboys lineman arrested for DUI manslaughter....

Here is the story (below), why a millionaire can't hire a limo is beyond me, so very sad for the two families....




Dallas Cowboys nose tackle Josh Brent has been arrested and charged with intoxication manslaughter stemming from a late night crash that resulted in the death of a teammate.
CBS Station KTVT reports that Jerry Brown Jr., a 25-year old currently on the Cowboys' practice roster, was killed in the accident.

Irving police spokesman John Argumaniz said the accident happened about 2:20 a.m. Saturday in the Dallas suburb, hours before Brent was to be on a team flight to Cincinnati for the Cowboys' game Sunday against the Bengals.

When police arrived, Brent was responsive and able to speak with officers. Brown was unresponsive and was transported to a local hospital, where he was later pronounced dead.

Officers conducted a field sobriety test on Brent and arrested him on suspicion of driving while intoxicated, Argumaniz said. The charge, a second-degree felony punishable by two to 20 years in prison, was upgraded after Brown was pronounced dead.



Argumaniz said Brent, who pleaded guilty to a drunken driving charge three years ago at Illinois, was being held without bond. Brent is named as Joshua Price-Brent in the police news release. Argumaniz also said Brent missed a 10 a.m. Saturday booking session with a judge because he was intoxicated. He did not know if Brent had an attorney.



Brent was speeding when the vehicle hit a curb and flipped at least once, Argumaniz said. Police received 911 calls from motorists who saw the upside-down vehicle but they did not immediately have any eyewitnesses to the wreck, the police spokesman said.



Argumaniz said when officers arrived at the scene on a state highway service road, Brent was dragging Brown from the vehicle, a Mercedes, which was on fire. Officers quickly put out the small blaze, he said.



Argumaniz wasn't sure if the vehicle was a car or SUV and said it wasn't known how fast the vehicle was traveling. The road has a 45 mph limit.



"I can say investigators are certain they were traveling well above the posted speed limit," Argumaniz said.



Before he was taken to the jail, Brent went to a hospital for a blood draw for alcohol testing and also received treatment for some minor scrapes.



Argumaniz said Brent identified himself to officers as a Cowboys player.



Cowboys owner Jerry Jones issued at statement to the media saying: "We are deeply saddened by the news of this accident and the passing of Jerry Brown. At this time, our hearts and prayers and deepest sympathies are with the members of Jerry's family and all of those who knew him and loved him."

Brent has appeared in 12 games this season and recorded 22 tackles and 1.5 sacks.

The two were teammates at the University of Illinois.


CBSSports.com reported that, while at Illinois, Brent had been suspended from the team after his arrest in February 2009 in Urbana for driving under the influence.




In June 2009, Brent pleaded guilty to DUI and was sentenced to 60 days in jail, two years of probation, 200 hours of community service and a fine of about $2,000. As part of his plea deal, prosecutors dropped one count of aggravated DUI/no valid driver's license. Brent successfully completed his probation in July 2011, court records show.



Brent, a nose guard, has played in all 12 games this season and has been a bigger presence on defense with starter Jay Ratliff battling injuries. Brent made his first career start in the season opener against the New York Giants and has 35 tackles and 1 1/2 sacks.



The Cowboys signed Brown to their practice squad Oct. 24, but he hasn't been on the active roster. He was released from the Indianapolis Colts' practice squad Oct. 20. Brown played in one game for the Colts, a loss to the New York Jets on Oct. 14.



"On behalf of the entire Colts family, our sincerest condolences go out to Jerry's family and friends," Colts general manager Ryan Grigson said in a statement. "He was a good teammate that was well liked by all. Today's tragic news is just another reminder of how fragile life is and how everyday given is a gift."



Brown played for San Antonio in the Arena Football League this year. In 2011, he played for Jacksonville in the AFL and the Hamilton Tiger-Cats in the Canadian Football League.



He was born and grew up in St. Louis, attending Vashon High School.