Blog Entries

Field Sobriety Tests and PBT are Voluntary

shane@wblawfirm.com — Wed, 04 Aug 2010 17:31:55 +0100

Almost everyone who has been charged with the crime of Driving under the Influence (DUI) and even those who have not, are familiar with “Field Sobriety Tests” and the “Portable Breath Test” (PBT). What most people do not understand is that these “Tests” are absolutely VOLUNTARY and should be respectfully declined.

Any police officer that has suspicion that you are DUI will inevitably reque [...]

Red Light Cameras, Cell Phones and Big Brother

steven@wblawfirm.com — Mon, 28 Jun 2010 20:13:10 +0100

We all love technology when it works and hate it when it doesn’t. Our computers have become an indispensible and useful part of our everyday lives, but if the internet is down or our hard drive crashes it can ruin our whole day. Everyone seems to have a cell phone so we are never out of touch no matter where we are. Except it drives us crazy if we are some place where there is no signal. Generally, we all love the new technology. But how do we feel when it starts to be [...]

Justice Around the World

john@wblawfirm.com — Thu, 15 Apr 2010 08:00:00 +0100

For the past several years I have visited Thailand, specifically the resort and ex-patriot area of Chonburi, approximately 90 miles south-east of Bangkok.

On a couple of occasions I have been stopped by the police for a traffic violation. One time was for running a red light, although it was more like a right-on-red. There were three problems with that: 1. They don’t have right-on-red in Thailand. 2. Since they driv [...]

No Victim? Assault Charge Dropped???

beth@wblawfirm.com — Mon, 15 Mar 2010 08:00:00 +0100

If the victim wants the assault charge dropped, then the case gets dismissed right? Wrong. The victim being unwilling to cooperate or testify will not resolve a case, however, it is certainly a powerful and useful factor in a case and helpful to the defendant. Nonetheless, most defendants are under the impression that if they are charged with an assault charge and the victim does not want to participate in the case, then it will get dismissed. Unfortunately, this is not how it works. T [...]

Head On Collision Settled for $300,000

john@wblawfirm.com — Fri, 05 Mar 2010 17:58:30 +0100

On July 16, 2007, Ron[1] was driving a company truck south-bound on US-97 near Omak, WA. A driver going the opposite direction tried to pass a semi-truck in a no-passing zone. Ron tried to avoid a head-on collision but was unable to do so because of the guardrail [...]

New Breath Test Machine for Washington State

john@wblawfirm.com — Mon, 01 Mar 2010 08:00:00 +0100

For about twenty (20) years Washington has used one breath test machine, commonly (although incorrectly) called a breathalyzer. That machine is the BAC DataMaster, manufactured by National Patent Analytical Systems, in Mansfield Ohio. It is the only evidentiary breath test instrument approved for use in the State of Washington. In approximately 2004, this State purchased several compact versions of the machine, but there were very few differences between the two.

In 220 police depa [...]

Home Court Advantage: Local Attorneys vs. Out of the Area Attorneys

shane@wblawfirm.com — Mon, 01 Feb 2010 08:00:00 +0100

Whether you are a sports fan or not, everyone is familiar with the phrase, “Home Court Advantage” and the benefits that coincide with the team that has this luxury. “Home Court Advantage” results in teams staying relaxed, comfortable and confident as they are accustomed to their surroundings. Athletes are able to maintain the perfect routine as they prepare for the big game; they are able to avoid tiresome travel, sleep in their own bed, remain focused and ultimately play the game on a cour [...]

Drive Sober, Get Nailed

steven@wblawfirm.com — Fri, 01 Jan 2010 08:00:00 +0100

We have all seen the commercials. “Drive hammered, get nailed,” the stern-voiced trooper announces. Or the one where the driver is literally sitting in a car full of beer which pours out of the window when the police officer approaches to ask the driver if he has been drinking. And you cannot drive down a highway without seeing a sign warning, “Legal Limit .08.” So if you are not hammered, and are not above the legal .08 limit, you are safe, right?

SPOKANE — Two lawsuits resulted from a 2007 boom truck accident where one person died while helping conduct a science experiment before elementary school students in Othello.

On May 31, 2007, school teacher Melissa Martinez and Avista Utilities lineman Robert “Bob” Smith were lifted above a basketball court at Hiawatha Elementary School in a boom truck bucket. They were performing a science experimen [...]

DUI cases on hold in Grant County, Argument to suppress breath test evidence set for end of April

info@adonaimedia.com — Mon, 25 Aug 2008 15:50:29 +0100

Story by: Lynne Lynch, Herald staff writer

EPHRATA - An estimated 100 DUI cases in Grant County are on hold pending the outcome of a court argument asking breath test evidence be suppressed.

Breath test evidence for 11 people was thrown out Wednesday in Douglas County after Wenatchee attorneys Steve Woods and John Brangwin asked the breath test results be excluded.

"Systemic misconduct and incompetence" at the state toxicology lab prompted their request, Brangwin [...]

Pasco driver acquitted in fatality after winch falls off truck

info@adonaimedia.com — Mon, 05 Mar 2007 15:56:46 +0100

Story by: The Seattle Times Company

Posted: Monday, March 5, 2007 - 12:00 AM

EAST WENATCHEE - A truck driver has been acquitted in what his lawyer says is the first jury trial under Washington's unsecured load law.

A six-member Douglas County District Court jury found Wilfredo "Jesse" De Jesus, 53, a longtime driver for Savage Transportation of Pasco, innocent of first-degree failure to secure a load. The case stems from the death of Bruce A. Gearhart, 33, of Anamo [...]

John M. Brangwin recently graduates from the National College for DUI Defense

info@adonaimedia.com — Fri, 26 Aug 2005 18:40:24 +0100

Friday - August 26, 2005

Wenatchee attorney John M. Brangwin recently graduated from the National College for DUI Defense. The training was at Harvard Law School.

* EXCERPTS RE-PRINTED WITH PERMISSION FROM THE WENATCHEE WORLD.

Attorney John Brangwin completes a three-day course on standardized field sobriety tests

info@adonaimedia.com — Sun, 17 Jul 2005 18:42:09 +0100

Attorney John Brangwin completed a three-day course in Bellevue on standardized field sobriety tests. The course, which was conducted by the National Highway Traffic Safety Administration, included information on determination clues used during driving under the influence detection and arrests. Brangwin is an attorney with the Woods & Brangwin PLLC law firm in Wenatchee.

* EXCERPTS RE-PRINTED WITH PERMISSION FROM THE WENATCHEE WORLD.

Difficulty in proving someone was driving under the influence

info@adonaimedia.com — Thu, 05 May 2005 18:39:06 +0100

Story by: KPQ News
Posted: Thursday, 5 May 2005 08:12:04 PDT

It may be more difficult for Chelan County Prosecutors to prove that someone was driving under the Influence, Chelan County District Judge, Thomas Warren, Tuesday found that the State's new D.U.I. law was unconstitutional. The law simplified what officials had to do to get breathalyzer evidence admitted in court. The Prosecutor's office will file a motion with Judge Warren for reconsideration.

DUI deals - A second chance: Three prominent officials charged with DUI are using or hope to ...

info@adonaimedia.com — Sun, 28 Mar 2004 18:46:26 +0100

By Martin Salazar, World staff writer
Sunday - March 28, 2004

When a former top cop, a county commissioner and a member of the state's highest court found themselves charged with driving drunk, they each reached for the same lifeline.
State Supreme Court Justice Bobbe Bridge, Douglas County Commissioner Dane Keane and former Chelan County chief criminal deputy Mark Mann pursued deferred prosecution. The option allows most driving under the influence defendants to hold [...]

Judge rejects breath test results

info@adonaimedia.com — Thu, 09 Oct 2003 18:47:38 +0100

By Martin Salazar, World staff writer
Thursday - October 9, 2003

WENATCHEE - A Chelan County District Court judge has thrown out the results of breath tests in 18 drunken-driving cases, finding that the method used to calibrate the two machines used locally did not meet legal requirements.
The decision will likely impact all pending Chelan County and city of Wenatchee cases involving breath tests prior to Sept. 22, said Wenatchee attorney John Brangwin, who sought the [...]

Woman who gave patch to friend guilty of homicide: Prescription pain medication resulted in the ...

info@adonaimedia.com — Sun, 02 Mar 2003 18:48:48 +0100

By Laurie Smith, World staff writer
Sunday - March 2, 2003

WENATCHEE - A Wenatchee woman who said she was trying to help a friend when she gave her prescription pain medication pleaded guilty this past week to controlled-substance homicide.
Angeline S. Page, 32, will serve 75 days in electronically monitored home detention and 15 days of community service under the sentence handed down Thursday by Chelan County Superior Court Judge John Bridges.
Page, who has no [...]