Seattle DUI Blog by Tim Milios

Beginning August 12, 2010, and ending September 6, 2010, every major law enforcement agency in King County, Washington, will be participating in the Washington State's Drive Hammered, Get Nailed campaign. The King County DUI task force willl include police agencies from Algona, Auburn, Bellevue, Black Diamond, Burien, Clyde Hill, Covington, Des Moines, Duvall-Carnation, Enumclaw, Federal Way, Issaquah, Kent, Kirkland, Maple Valley, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Port of Seattle, Redmond, Renton, Sammamish, SeaTac, Seattle, Snoqualmie, Tukwila and Woodinville Police Departments, and the Washington State Patrol. The Bothell Police Department will also be involved, conducting patrols as part of the Snohomish County DUI and Target Zero Task Force. 

Last week, Division One of the Washington Court of Appeals affirmed the dismissal of a Felony DUI charge against a man who had been stopped for DUI at least 15 times previously. If we can get beyond the sensationalistic aspect of the ruling based on the history of the defendant, we find a very well reasoned decision that, in conjunction with another recent case, appears to be instructive as to how our appellate courts have begun to define "prior offenses". At least as they relate to the defense and prosecution of drunk driving cases.

In December of 2007, Robert Castle was stopped and arrested for DUI. At the time of his arrest he had, within ten years, one previous conviction for DUI and three pending charges. Instead of immediately filing the new DUI charge, the State delayed the filing until the three pending charges resulted in convictions. It then charged Castle under the then relatively new Felony DUI statute for committing the offense of DUI while having four "prior offenses" within ten years of the new offense. On motion of the defense, the trial court dismissed the felony charge. After an appeal by the King County Prosecutor’s Office, the Court of Appeals affirmed.

According to a Spokane Spokesman-Review article, last weekend, Spokane County Sherriff's officers were saddled with a "three stops per hour" quota during the city's Hoopfest tournament.  According to the article:

"The sheriff’s office has scheduled extra patrols for impaired drivers and boaters deputies have been asked “to make at least three motorist contacts per hour and to have a zero tolerance for impaired drivers.” 

The Fourth Amendment to the U.S. Constitution guarantees a person's right to be, "secure in their persons...against unreasonable searches and seizures..." not supported by probable cause.  When the police stop a driver it is, by defintion, a seizure of that person.  There is not a DUI defense attorney out there who can't recall numerous examples of an initial vehicle stop based on shakey, manufactured or downright fabricated probable cause.

As of June 10, 2010, add Washington the growing list of states that has made talking on a handheld phone (without the use of an ear piece or speaker) and sending, reading or writing text messages, while driving, a primary offense.  This means that if a police officer observes an individual driving while taking on a cell phone, or "texting", that person can be stopped and cited.  Under previous incarnations of the mobile cell phone laws, a person could only be cited if a primary offense led to the stop whereupon it was determined that the individual had been talking on a phone or texting.  RCW 46.61.667 (relating to cell phone usage) and 46.61.668 (sending, writing, and reading text  messages) became effective at midnight tonight. 

"If I am arrested for DUI, should I refuse the breath test or should I take it?" 

That's the question that I, and probably most Seattle DUI lawyers and DUI lawyers anywhere for that matter, get asked by friends, relatives, and anyone else who discovers what we do for a living, get asked more than any other.  For quite some time in the state of Washington  the answer, with the exception of certain nuances, was pretty straight forward.  When in doubt, take the breath test (or blood test when that circumstance arose).  The increased potential penalties due to a refusal, such as a much lengthier license suspension, inability to preserve ability to drive by entering into deferred prosecution, additional jail and fines, etc., made the refusal option unattractive.  Those issues, combined with the fact that in many jurisdictions from the late 1990's on, there were several successful attacks on the admissibilty of the breath test, made the answer relatively simple in most cases.  Take the breath test, lessen the potential consequences, create more options to preserve your driving privileges, and take a relatively good gamble that the breath test won't be admissible anyway.  Only in cases where a person had multiple DUI's in his or her past, had previously entered into a deferred prosecution, and was likely to blow a relatively high number was the answer potentially different.  Then came the ignition interlock laws.

On February 22, 2010, the King County Council, in an 8-0 vote, appointed two attorneys to fill two newly created district court judicial positions.  Mike Finkle, a prosecutor for the City of Seattle Attorney's office for the last 20 years, will now serve as a district court judge in the East Division of the King County District Court at the Redmond Courthouse.  Marcine Anderson, a Senior Deputy Prosecuting Attorney for King County, was appointed to fill a similarly created position for the county at the Shoreline Courthouse.

The two appointments are effective until next November's general election at which time all current district court judges must be elected to serve their four year terms.

December  1, 2009 - On January 1, 2010, Michelle Gehlsen will begin serving as the appointed judge for Bothell Municipal Court.  Recommended by City Manager Bob Stowe, Ms. Gehlsen was formally confirmed by a vote of the Bothell City Council on November 17, 2009. She takes over for the Honorable Judge John Rusden who served three terms in that capacity between 1998-2009.

November 6, 2009 - On November 3, 2009, the City of Seattle voted to oust two term incumbent Thomas Carr from his post as City Attorney and in his place, elected Peter Holmes.  While the future impact of election results can never be known immediately, it appears at first glance as though the residents of Seattle have elected a person who values negotiating solutions instead of litigating them.  After eight years of dealing with the City of Seattle under the direction of his predecessor this would be a welcomed change of policy. And while it is possible that with respect to DUI cases, there will be no change in formal policy, Mr. Holmes' stated position on two other high profile criminal areas, marijuana and doestic violence, it appears likely that there will be an overhaul of this area as well. Mr. Holmes has gone on record as saying he will not prosecute marijuana charges.  He has also suggested that domestic violence advocates should be taken out of the prosecutor's office and made independent, so as to serve the needs of victims as opposed to prosecutors.