Washington Law News

Bill proposes "scarlet letter" for DUIs: bright-yellow license plates

admin — Mon, 18 Feb 2008 15:12:14 -0800

OLYMPIA — Sen. Mike Carrell wants everyone on the road to know who's been caught driving drunk.

He's sponsoring a bill that would require people convicted of drunken driving to put fluorescent-yellow license plates on their cars for one year — once their driving privileges have been restored.

"I've talked to the law-enforcement agencies and they think it would be an awfully good idea to have a way of visibly telling sheep from goats out on the road," said Carrell, R-Lakewood.

It also could help law-abiding drivers as a signal to give a wider berth to anyone behind the wheel of a car with bright-yellow plates, Carrell said.

But not everyone agrees that such a public designation is the best way to go after drunken drivers. ...

DUI-roadblock bill dies in Olympia

admin — Mon, 18 Feb 2008 15:10:53 -0800

OLYMPIA — Gov. Christine Gregoire suffered her first major defeat of the 2008 Legislature on Thursday when her push for drunken-driving checkpoints died without enough support from lawmakers.

Gregoire's proposal would have let police stop all motorists on certain stretches of road to check for drunken drivers, after getting a local judge's approval. Gregoire said that could save about 50 lives a year, based on successes in nearly 40 other states that have similar programs.

Gregoire, who is running for a second term this fall against Republican Dino Rossi, heavily promoted the checkpoint plan at the Capitol, lobbying for it in her State of the State speech and sending high-powered supporters to its public hearing.

WSP lab explains DUI goofs

admin — Mon, 18 Feb 2008 15:09:51 -0800

The State Patrol, which has come under fire for problems with evidence handling at the state toxicology lab, is contacting 130 people who received drunken-driving citations that were based on faulty breath tests, lab Manager Kevin Jones said Thursday.

Jones said the letters were being sent as part of the lab's efforts to improve its handling of evidence and breath-test analysis in the wake of three critical audits and a scathing ruling last month by a panel of King County judges that called for the suppression of the tests used to gauge level of intoxication.

The letters explain the errors and how they occurred, and recommends that recipients contact their attorney.

Toxicology-lab ruling likely to alter DUI cases

admin — Mon, 18 Feb 2008 15:07:22 -0800

A judicial ruling against the state's toxicology lab is likely to create a legal quagmire when it comes to prosecuting suspected drunken drivers, attorneys are predicting.

While breath-test evidence before was usually considered reliable, its accuracy is now in doubt after a panel of King County District Court judges found a litany of ethical and scientific problems at the lab. How those problems affect drunken-driving cases could take months — if not longer — to play out, attorneys say.

Some may end up in the Court of Appeals, some charges will be reduced and other cases tried as charged. It's unlikely, attorneys say, that any drunken-driving cases will be dismissed outright.

Driving-while-texting law: Dial R for ridiculously lax

admin — Mon, 18 Feb 2008 15:05:40 -0800

It is now illegal for motorists to send or receive text messages while driving in Washington state. Doing so can result in a $124 ticket.

It is also illegal to drive under the influence of alcohol or drugs. These penalties are more severe, with fines and fees ranging from $823 to $5,000, plus jail time, license suspension, mandatory programs and other social or financial penalties.

This is an example of unequal justice, and another case of where the punishment doesn't fit the crime. I am, of course, baiting the reader. I do not favor lessening DUI penalties, as people continue to drive drunk in the face of overwhelming evidence that it is very stupid behavior.

Breath test evidence badly handled but still valid, judges say

admin — Mon, 18 Feb 2008 15:02:36 -0800

Despite misconduct at the State Patrol's toxicology lab, results of breath tests may be used against dozens of drunken-driving defendants in Skagit County, two judges ruled Tuesday — a decision that could weigh heavily on judges considering the issue around the state.

Skagit County District Court Judges David Svaren and Warren Gilbert strongly criticized the lab in their opinion, and accused its director, Dr. Barry Logan, of misconduct, saying they did not believe his claim that he didn't know a lab manager was falsely certifying test results.

Blood-alcohol level of Woodinville driver breaks state record

admin — Fri, 31 Aug 2007 16:17:42 -0700

A former Seattle police officer returned the highest blood-alcohol reading ever recorded by a Washington state driver, and she was charged with driving under the influence Wednesday.

DUI suspect to remain in jail

admin — Fri, 31 Aug 2007 16:16:56 -0700

A Woodinville woman accused of having the highest blood-alcohol reading ever recorded in a state breath test will probably remain in jail for at least another week because of a judge's ruling Monday.

Special Report: Undue Influence

admin — Thu, 30 Aug 2007 13:34:15 -0700

This is a whole series of articles dealing with improper favoritism being shown to law enforcement officers.

Police officers arrested for drunken driving fare better than the average citizen, according to an investigation of seven years worth of internal discipline records, arrest reports, accident reports,

Repeat offenders find a court of new resort

admin — Wed, 29 Aug 2007 10:59:31 -0700

This is an article discussing the success of Seattle Municipal Community Court.

Ok, it looks messy.

In the holding area outside Seattle's Municipal Court rooms slump young gum-snapping "muffin top" women, ample midriffs swelling over sausage-skin jeans.

Police watching for impaired drivers

admin — Wed, 29 Aug 2007 10:57:27 -0700

The "Drive Hammered, Get Nailed" campaign to catch drunken drivers in King County gets under way Wednesday and lasts through Sept. 3.

Authorities ready to nail those driving hammered

admin — Wed, 29 Aug 2007 10:55:24 -0700

The statewide "Drive Hammered — Get Nailed" campaign is aiming at Labor Day weekend traffic, with extra DUI patrols planned in Snohomish County starting today and continuing through Sept. 3.

Judge allows deferred prosecution for county attorney

admin — Wed, 29 Aug 2007 10:53:47 -0700

EVERETT, Wash. -- A Thurston County deputy prosecuting attorney was given a deferred prosecution for driving under the influence.

Experts counter drunk driving with tech

admin — Wed, 29 Aug 2007 10:50:29 -0700

This article provides information about advancements in technology that are being used to prevent persons convicted of DUI from reoffending.

WASHINGTON -- Technology that prevents a drunken driver from starting a vehicle holds the promise of greatly reducing alcohol-related deaths, the government and auto safety groups said Wednesday.

King County Council member faces DUI charge

admin — Tue, 28 Aug 2007 11:38:42 -0700

SEATTLE -- King County Councilwoman Jane Hague, a Republican who's running for re-election, has been charged with driving under the influence.

King County Council's Hague facing charge of drunken driving

admin — Tue, 28 Aug 2007 10:38:37 -0700

Metropolitan King County Councilmember Jane Hague will appear in a Redmond courtroom next week on a charge of driving under the influence.

Fatal crash brings 100-month sentence

admin — Mon, 30 Apr 2007 15:38:29 -0700

This is a more detailed article regarding the Tukwila man with a history of drunken driving that was sentenced to more than eight years in prison for vehicular homicide.

After a tearful apology before a judge, Jules Henry Richard III was sentenced to more than eight years in prison Friday for a car crash that killed a 32-year-old woman and left her boyfriend badly inj

Fatal crash nets eight-year prison term

admin — Fri, 30 Mar 2007 14:04:19 -0700

A Tukwila man with a history of drunken driving was sentenced to more than eight years in prison for vehicular homicide.

A Tukwila man with a history of drunken driving was sentenced to more than eight years in prison for vehicular homicide.

DUI judges cross the line; Suspects can't be forced into pretrial treatment, court says

admin — Wed, 14 Mar 2007 15:41:21 -0700

This week, the State Court of Appeals ruled that Judges can't order people facing drunken-driving charges to undergo alcohol-use evaluations, get treatment or start going to Alcoholics Anonymous meetings in order to stay out of jail.

Judges can't order people facing drunken-driving charges to undergo alcohol-use evaluations, get treatment or start going to Alcoholics Anonymous meetings in order to stay out of jail, the state Court

Auburn may appeal ruling in crash that killed six

admin — Wed, 14 Mar 2007 15:10:37 -0700

The Washington State Court of Appeals has rejected the City of Auburn's attempt to hold a passenger responsible, as an accomplice to drunken driving, for the state's deadliest single-car accident The Court ruled that the passenger cannot be held responsible because she was one of the victims.

Auburn's city attorney said Tuesday that he is considering further appeal of a ruling that the lone survivor of the state's deadliest single-car accident cannot be held responsible because she was one

Stevens' latest arrest likely ends Seahawks career

admin — Wed, 14 Mar 2007 11:26:56 -0700

Jerramy Stevens was alone, driving a rented Chrysler in Arizona when he was pulled over early Tuesday morning.

WA House passes harsher penalties for those who flee police

admin — Fri, 09 Mar 2007 10:29:46 -0800

Criminals who endanger others by fleeing police will face harsher penalties under a measure the state House passed unanimously. It now heads to the Senate. Under current law, eluding a police vehicle can result in a zero- to 60-day jail sentence for a first-time offender. Under the bill, the court must impose an additional 366 days of imprisonment to a sentence if it is proven that the person was trying to evade police.

OLYMPIA, Wash. -- Criminals who endanger others by fleeing police will face harsher penalties under a measure the state House passed unanimously. It now heads to the Senate.

DUI assessments could save lives

admin — Fri, 02 Mar 2007 10:31:02 -0800

This is an opinion piece advocating greater regulation of the States Alcohol Assessment agencies.

How does one describe the senseless loss of a child? What words would you use to explain to a 6-year-old what cremation is?

Monroe driver arrested for 50th time

admin — Fri, 26 Jan 2007 10:31:59 -0800

A driver who has been arrested repeatedly for driving offenses faces serious consequences.

A driver who had been arrested 49 times, including eight convictions for driving with a suspended license, made it an even 50 when she was stopped on Interstate 405 near Highway 520 on Wednesday night

Too tipsy to drive? Ask Anna for ride

admin — Wed, 24 Jan 2007 11:01:16 -0800

Anna's Ride Home is a program that provides a free ride home to anyone who needs it. The program is focused on changing people's minds about driving, not drinking. The program is currently serving Kirkland. In Seattle, a similar program known as the "Last Call" project plans to open two taxi stands in Pioneer Square, but patrons are responsible for paying for their cab rides.

At around 10 minutes to 2 a.m. on a busy weekend night, as many as 75 people stream out of the Kirkland sports bar Time Out, said bar manager Matt Bern....

Apparently, not everyone gets interlocks' message

admin — Tue, 26 Dec 2006 11:19:54 -0800

This article contains opinions and statements from individuals required to install ignition interlock devices in their vehicles as well as some information provided by the ignition interlock device providers.

A trip to an ignition-interlock installer shows two sides of drunken driving: one driver who says he's learned his lesson and another who apparently hasn't....

DUI offenders ignore orders to add breath tester to cars

admin — Tue, 26 Dec 2006 11:03:26 -0800

While 28,000 Washington drivers are required to install and use ignition interlock devices on their vehicles, but only a little more than 4,400 ignition-interlock devices have been installed on cars in the state according to the state Department of Licensing (DOL). This article also contains additional information regarding ignition-interlock devices.

Some 28,000 Washington drivers, all convicted of driving under the influence, aren't supposed to start their cars without first breathing into an alcohol-detection device....

Legless man refuses to get out of car during DUI arrest

admin — Tue, 14 Nov 2006 11:20:54 -0800

State troopers arrested a 300-pound double amputee on suspicion of drunken driving after the legless man refused to get out of his car.

State troopers this weekend arrested a 300-pound double amputee on suspicion of drunken driving after the legless man refused to get out of his car, forcing troopers to call for reinforcements....

Breath-alcohol law upheld. But defense, prosecution differ on what ruling means

admin — Fri, 06 Oct 2006 12:22:19 -0700

The state Supreme Court has upheld a 2004 state law that made it tougher for breath-alcohol tests in drunken-driving cases to be thrown out of court. The 2004 statute made several changes to existing DUI law. The biggest change made it easier for the prosecution to get breath-test evidence admitted into court. In his dissent, Justice Richard Sanders wrote, "Surrender of judicial independence is precisely what the majority does when it upholds a bill shackling the power of the courts to do that which the courts have traditionally done: determine the admissibility of evidence.” The court agreed to review the law after several judges handed down conflicting rulings -- and some courts tossed out the entire law as unconstitutional.

OLYMPIA -- The state Supreme Court has upheld a 2004 state law that made it tougher for breath-alcohol tests in drunken-driving cases to be thrown out of court....

Many drivers pile up DUI offenses

admin — Mon, 04 Sep 2006 12:23:16 -0700

This article contains information regarding DUI charges in Washington State and highlights the problem of individuals who have been repeatedly arrested for the offense.

Sort through Washington's most recent drunken-driving cases — involving 220,640 people since 2000 — and a name rises to the top: William Gorsica, with seven driving-under-the-influence convictions

Fifth charge of DUI draws maximum sentence

admin — Tue, 29 Aug 2006 12:38:55 -0700

Individual arrested for 5th DUI gets Maximum penalty of 365 days in jail.

Susan West was sentenced Monday to a year in jail for her newest drunken-driving conviction, but Judge Janet Garrow said that what she really wants is for West to recover from alcoholism....

Serial drunken driver sentenced on fifth DUI charge

admin — Mon, 28 Aug 2006 12:39:48 -0700

Another article regarding individual arrested for 5th DUI getting Maximum penalty of 365 days in jail.

Susan West was sentenced to a year in jail today for her newest drunken-driving conviction, but a judge said what she really wants is for West to recover from alcoholism....

Effect of tougher DUI law would be marginal and expensive

admin — Thu, 13 Jul 2006 12:40:39 -0700

Opinion article regarding proposal to toughen state DUI laws from Adam Kline, a Democratic state senator from Seattle.

Here it is again, the onset of the political season, and with it the loud braying of Republicans on their signature issues -- flag-burning, gay marriage and, of course, that perennial, being tough on

McGavick reveals '93 DUI charge in unusual disclosure of "mistakes"

admin — Wed, 12 Jul 2006 12:43:28 -0700

Republican Senate candidate Mike McGavick revealed a 1993 drunken-driving charge.

Republican Senate candidate Mike McGavick issued an unusual confession Thursday, discussing his failed first marriage, mistakes as a father, layoffs he executed at Safeco — and revealing a 1993 drun

DUI tests frequently tossed out; 2004 law backfired

admin — Thu, 22 Dec 2005 11:48:33 -0800

Hundreds of people accused of drunken driving have had the results of their breath-alcohol tests tossed out of court over the past year. The state Supreme Court heard arguments on the law's [SHB 3055, which took effect in June 2004] constitutionality in October, and its decision is expected to take several months. In the meantime, nearly every judge in King County who has considered the issue, in addition to judges in about half of the state's other counties, have ruled that the law is unconstitutional. The remainder have allowed the test results into evidence.

Hundreds of people accused of drunken driving have had the results of their breath-alcohol tests tossed out of court over the past year, foiling state legislators' efforts to make the tests more lawye

Judge gets tough on ex-trooper

admin — Sat, 05 Nov 2005 11:49:17 -0800

A former State Patrol trooper, Michael Idland, who was sentenced Friday for fondling 10 women during traffic stops on the Eastside. The sentence required the former trooper to pay for the almost 17 months he spent in solitary confinement in the King County Jail plus $15,000 in victims' penalties and other fees, totaling more than $40,000. The judge also ordered Idland to serve four years of probation, despite a joint recommendation from prosecutors and Idland's attorney that the 41-year-old serve only one year probation.

A former State Patrol trooper who was sentenced Friday for fondling 10 women during traffic stops on the Eastside staunchly denied any wrongdoing, claiming his victims accused him of sexual misconduct

New DUI law tossed out by judges across state

admin — Fri, 05 Aug 2005 12:50:03 -0700

Since the law [SHB 3055] took effect just over a year ago, judges have handed down conflicting rulings on the question of whether lawmakers went too far -- and if so, what it should mean for the people facing drunken-driving charges in their courtrooms. Three Seattle Municipal Court judges said the law is fine; three others said parts of it are unconstitutional. At least five King County District Court judges tossed out the entire law -- along with the breath-test results of accused drunken drivers. The state Supreme Court has now agreed to decide whether the law, which the 2004 Legislature passed unanimously, should stand. Justices are expected to hear arguments this fall.

Judges around the state are throwing out a new law that was supposed to make Washington tougher on drunken driving and breath-test results more difficult to keep out of court....

Living with pain of a DUI tragedy

admin — Fri, 31 Dec 2004 11:51:34 -0800

Article covers one story of loss resulting from Drinking and Driving related deaths and the lingering pain of a surviving family member.

Nine years on, and the ache is worse than ever.

No alcohol to dull it these days. No drugs to make it disappear.

Snohomish County bars top DUI list

admin — Fri, 31 Dec 2004 11:50:45 -0800

For the second time in two years, a Lynnwood tavern has topped the list as the bar most often named by drunken-driving suspects after they've been stopped and cited by police. Three Everett bars and a Bothell tavern also are on the list of the top 15 establishments that may have overserved customers, which is compiled by the Washington State Liquor Control Board.

Depending on whom you believe, Snohomish County is either home to five of the top 15 bars and taverns in the state that may have overserved customers this year or law-enforcement officers there are cr

Tough DUI laws take effect

admin — Sun, 11 Jul 2004 12:52:19 -0700

Two new laws go into effect today that make getting caught drinking and driving in Washington state a much more expensive and legally onerous experience. The first law, Substitute House Bill 2660, extends temporary licenses to more people — not just those who need to drive to work — but mandates that anyone who wants to drive after a DUI arrest, a DUI conviction or after opting for deferred prosecution must have an ignition-interlock device installed in his or her vehicle. The second law, Substitute House Bill 3055, is aimed at curtailing the frequency with which breath-test results are tossed out of court. Juries — instead of judges — will now decide what weight to place upon a test result and are to view that evidence "in a light most favorable to the prosecution," the law says.

Correction: This article about two new DUI laws incorrectly incorrectly stated that Substitute House Bill 3055 requires juries to view breath-test evidence "in a light most favorable to the prosecutio