Archive for January, 2009

Washington DUI Cases: Ignition Interlock Frustration

Friday, January 30th, 2009

FRUSTRATION WITH THE DOL AND THE NEW IIL

A few weeks ago I had an entry discussing the new Ignition Interlock License (IIL) that became effective at the beginning of the year.  The new IIL benefits drivers in Washington who get arrested for a DUI and lose their license either administratively by the hearing process or as a result of a conviction for DUI.  In the past, drivers were eligible to get a temporary/restricted license (TRL) but only after a mandatory waiting period of at least 30 days.  With the new IIL, drivers who face suspensions or revocations are immediately eligible to get an IIL by statute.

Here is the catch:  While they are immediately eligible for the IIL, DOL is now informing people it takes two to three weeks to process the applications.  I spoke with an employee at the DOL who informed me that every day they are receiving 100-150 applications for an IIL.  The person informed me that it is very important that they have proof of the SR22 insurance AND the interlock being installed prior to when they receive the actual application, and it possible, to attach proof of both with the application.

Two to three weeks without driving is devastating to most people.  People fear having to tell their employer they cannot drive because they got a DUI.  They think that even though they were arrested for DUI, and maybe they will lose their license, they will be able to drive- uninterrupted.  As it currently stands, that is not the case.  I am working with several other lawyers in the community to see if the DOL can streamline the processing to expedite the issuance of IIL.  I recognize and appreciate the fact that the legislature and citizens of Washington look unfavorably upon DUI’s, but it is clear the way the current process stands is unacceptable.  People in Washington, even though they may be arrested for DUI, still need the ability to drive.  That was part of the intent of the legislature when they passed the new IIL law and hopefully the DOL will be able to honor that in the very near future.

City Of Seattle DUI Prosecutions

Friday, January 30th, 2009

For those people who are arrested for DUI by a Seattle Police Officer, they will be facing charges by the Seattle City Attorney’s office.  While that person’s case may be in the magnificent Seattle Justice Center (600 5th Avenue) with powering views of the skyline and Elliott bay, they will face a significant battle in getting a favorable resolution of their DUI charge in Seattle.  Recently, the City Attorney’s office has established strict guidelines as to when and how a prosecutor may agree to reduce the charge to a lesser offense.

Seattle DUI Cases Require Caution

Seattle DUI Cases Require Caution

In the past, the Seattle City Attorney’s office would commonly offer reductions of DUI’s to lesser offenses should the accused have no prior offenses and there were no aggravating facts in the case.  Today, that is simply not the case.  There are strict rules as to whether a DUI can be reduced to a lesser offense in Seattle.  Even if the person has no prior history, a lower breath test and no aggravating factors in their DUI case, the Seattle prosecutor will likely not be willing to reduce the DUI charge.  And every DUI reduction in Seattle Municipal Court that is not offered by the initial filing attorney must be approved by a supervising attorney.  Even if breath or blood results do not exist or are suppressed, there will not be any reductions for a DUI should the Seattle prosecutor believe that there is substantial evidence to proceed under the “affected by” prong of the DUI statute.

With that being said, one who has a DUI charge in Seattle Municipal Court should not assume they are automatically doomed from the onset.  It is even more critical that person speak with an experienced DUI attorney immediately after their arrest.  The City of Seattle has a specific DUI task force, with almost every officer having an in-car video in their vehicle.  This video may be helpful in preparing the case for trial and ultimately finding issues to present the best possible defense and possibly, achieving a good outcome by negotiations to a lesser offense.

DUI Attorney Blog Updated

Thursday, January 22nd, 2009

We are pleased to announce that our migration to WordPress 2.7 with a new look and feel seems to have gone smoothly. For regular vistors, you will notice some stark changes, which we know are for the better. While we still cover Arizona DUI issues, we are expanding our reach and blogging on serious DUI issues from around the country and around the world.

While I will remain as editor and chief moderator, you will notice some additional fresh faces immediately, and over the next several months more will join our team to give our readers the best possible take on drunk driving issues from many perspectives.

Washington State DUI Lawyer Aaron Wolff

Washington State DUI Lawyer Aaron Wolff

The most recent addition to our team is Washington State DUI Lawyer Aaron Wolff, who is Of Counsel at the Cowan Law Firm in the Seattle area. We are excited to have Mr. Wolff’s contributions to this blog, as he has a wealth of experience in both prosecuting and defending DUI cases.

As always, we welcome your comments and feedback, and appreciate your presence. As always, this site will remain ad free.

In the next couple of weeks we will be launching a completely revamped duiattorney.com. We are excited to show off its new features which include a DUI directory, a DUI Forum and an internal News Portal for DUI Updates.

Heard in DUI court on 1.14.09

Thursday, January 15th, 2009

While waiting in court yesterday with my client, I overheard a court interpreter tell one of her public defense clients who she was going to interpret for in Spanish something that disturbed me. To set the stage, I heard it in English and the conversation was clear as day. She said something to the effect of:

I think DUI cases are scams. There is nothing that a lawyer can do, and I think anybody who hires one is getting scammed.

She said this loud enough that the whole court could hear.

This disturbed me because it is both true and completely false at the same time.

The fact is that there are lawyers who hold themselves out as handling DUI cases who are just high-paid escorts through the justice system. These are the lawyers that give all DUI lawyers a bad name. They are a blight on the profession. Unfortunately, the good DUI lawyers also get lumped in with the bad ones. This is understandable from the public’s perspective because it is typically the bad ones that seek out the media attention, who shout the loudest that they are the best and then let their client’s down by being incompetent, uncaring or worse.

I try to shake comments like this off and let my work speak for itself, but sometimes it is difficult not to let it bother me. The fact is that every day I fight for people who are engaged in a battle for their lives (if not literally, then it certainly seems so to them). Every day, whether in court or on the phone, I am met with skepticism that I can really do anything to help.

The hard reality is that sometimes there is nothing that I or any other lawyer can do to help. In fact there are cases where a lawyer can do more harm than good. I always point this out to potential clients when I think their cases fit into one of these categories. I am always honest with clients from the beginning and only accept cases when I think there is something I can do to help, or when the client clearly understands that I am there to make sure that nothing goes wrong.

After I finished up in that courtroom I went down two levels in the Courthouse to confirm with another courtroom that the prosecutor’s motion to dismiss all charges against my client had been granted in another case. As I walked to the parking lot with the order of dismissal of all charges in my hand, I reflected back on what that misguided court interpreter had said in that courtroom. She is just calling it like she sees it. She is not acting maliciously or spitefully. The problem is endemic in the legal profession and it needs to change.

The only way that I can think of to change it is one lawyer at a time and one client at a time. The more the public gets educated about the difference between good DUI lawyers and posers, the more chance good DUI lawyers have of enjoying the respect and reputation they deserve.

Pretrial publicity in DUI cases

Wednesday, January 14th, 2009

I have never seen a DUI case where I felt that pretrial publicity was good thing. My office policy is to decline to comment on any pending case. I think it makes sense and I also think a “no comment” is always ethically defensible in a DUI case when it comes to the press.

We are starting to see more DUI lawyers misuse press releases to tout themselves as being awesome freedom fighters, prominent advocates and generally great and desirable lawyers. We renounce these practices for reasons I detail in an article in the Examiner about Lawyer Press Releases.

There is a difference between educating the public and blatantly using the media to puff up your own ego. In almost every DUI case, specifically seeking pretrial publicity for a law firm, in my opinion, always falls into the ego category. For this reason, I sincerely hope that other DUI lawyers will stop issuing press releases talking about how great they are. It makes all lawyers look bad.

If you really want to get some attention, try contributing something constructive and useful to the public dialogue on the subject instead of shouting in our faces about how great you are. If you are great, go out and prove it and earn a reputation. Hard work in the law begets success. Ethical actions gives rise to a steady and growing reputation. Puffery may lead to a temporary infusion of grandeur, but the delusion will fade and you will be left holding nothing but your rightfully wounded ego.

Scottsdale Police Department Busts Marilyn Monroe

Tuesday, January 13th, 2009
Marilyn Monroe didn't know that decades after her death she would be arrested in Scottsdale.

Marilyn Monroe didn't know that decades after her death she would be arrested in Scottsdale.

DMZ reported that the Scottsdale Police Department arrested both Marilyn Monroe and Darth Vader. The slip up was apparantly due to systems testing. You can view the report here Scottsdale Arrest Report.

The error reportedly happened because somebody forgot to delete the names.

Ok, sounds harmless enough, and it it probably is.

It does make me wonder what else gets reported that is not accurate. It also shows how easy it is for misinformation to enter into a major city’s police records.

Contrary to what many people believe, just because it is in a police report does not make it a fact.

DUI Attorney Blog Update

Tuesday, January 13th, 2009

There’s been a lot going on lately, so the posts to this blog have been fewer and more spaced out. Part of the reason is that I have been spending a lot of my time working on my national DUI blog, which was launched several months ago. Another reason is that we are working on a complete redesign of the main domain of this blog and turning it into the largest public library of DUI information that we are aware of on the internet.

I have joined forces with Aaron Wolff, a well recognized lawyer in Washington State.  Aaron will be providing the Washington State DUI law information and monitoring a new DUI chat-board that we have planned.

The scheduled launch of the new site is January 25, 2009, but could be sooner or later as we work through some bugs and hosting issues.

Also of note, Lindsay Berman, a recent law school graduate and bar passer in Florida has moved to Arizona and joined my team. Lindsay is planning on taking the summer bar exam here in Arizona, and in the meantime is working on research and drafting for my firm and my website. Although she has only recently graduated from law school, Lindsay brings several years of DUI law experience, as she worked for well known and respected DUI attorney and author Robert Reiff, where she played a significant role in authoring the supplement to the fourth edition of his DUI treatise ‘Drunk Driving and Related Vehicular Offenses.’

In other news, 2009 appears to be a busy DUI year in Arizona so far, as the Arizona DUI Task Force has relentlessly stopped and arrested hundreds of people with each major sweep. Busy arrest seasons translate to more cases maturing towards resolution or trial in the spring and early summer, so I expect to be busy in May and June of 2009, although remain optimistic that the streak of worthwhile deals that we have been receiving from prosecutors’ offices will continue, saving our clients the stress and financial burden of litigating their DUI cases.

As usual, with the new year comes tougher DUI laws, at least in Arizona. Although some states, such as Washington State, have actually relaxed some of the license suspension requirements for DUI cases, most states continue the legislative and judicial push to tougher DUI laws and penalties. One good example is the push that South Dakota DUI Law is making towarda a time-limited per se DUI law.

Start checking back again, as we are up and rolling, and plan to give this blog more attention in 2009.

Happy New Year.

Dan