Woods & Brangwin Law Firm, PLLC

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 request that these tests be performed.  Unfortunately, not all officers explicitly inform the suspected DUI driver that these tests are voluntary and if an officer does indicate the tests are voluntary, it is still conveyed in a manner that makes it seem as though the tests are mandatory.  An example that is often seen in police reports is the following: “You will step out of the car and perform some tests so that I can see if you are okay to drive?”  As one can tell, the request is posed in a way that it seems as though it is mandatory, although the officer is actually asking the DUI suspect a question. 

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 used against us?

Wenatchee recently installed three cameras designed to catch red light runners.  The cameras are installed at the intersections of Mission and Kittitas Streets, Chelan Avenue and Fifth Street, and Chelan and Orondo.  According to a study the City conducted these three intersections have the most people running red lights so they got the cameras.  So smile if you run a red light at one of these busy intersections as Big Brother is taking your picture.

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.

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. The ultimate decision to dismiss the case lies with the prosecutor. So, if you have been charged with an assault, hold tight, because it is going to be a long process dealing with this type of charge, especially in Chelan County.

In most of my assault cases, the victim does not want to cooperate with the prosecutor. The next challenge is to negotiate the case with the prosecutor and get the best resolution for my client. Favorable resolutions that I strive for would be an outright dismissal, an amendment to a lesser charge, or an agreement to a stipulated order of continuance (SOC). An SOC is a contract that my client enters into that basically indicates he or she will not have any criminal law violations for 24 months and will comply with any conditions set forth in the agreement. The case is in essense continued for this period of time. At the end of the 24 month period, if all conditions are met, the prosecutor will dismiss the case. These negotiations and deals all depend on my client’s criminal history.

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 along the highway. When the collision was over Ron and his passenger were alive, but injured. The on-coming driver was not so lucky; he died instantly.

Ron was taken by ambulance to a hospital where emergency surgery was performed to repair his badly broken wrist. He also had a number of abrasions and he was extremely sore most strongly in his left knee, back and shoulder. In all, Ron would have three surgeries to his wrist and countless medical appointments.

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 departments and jails throughout Washington, these machines sit ready to spit out a reading of a driver’s Breath Alcohol Concentration (BrAC) to convict the driver of DUI.

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 court that they have practiced on day in and day out.

This advantage is analogous to retaining a local attorney to handle your criminal charge. In fact, this advantage is imperative when facing a criminal charge as it is not a simple and fun game; it is a complex and often daunting task for criminal defendants which can ultimately affect a client’s entire way of life. Why is this so important?

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?

Wrong.

The Washington State Bar Association publishes a magazine each month for its members.  It is called the Bar News.  By far the most read section of the Bar News is the “Disciplinary Notices”.  The Notices detail lawyer misdeeds and the punishment the lawyer received, from disbarment to admonition.  Do not worry, there are roughly 30,000 lawyers in Washington and only a small number are disciplined each year. 

One notice, in the October 2009 edition, caught my eye.  A lawyer from Grant County, Washington (a county where I frequently handle DUI cases) was suspended from practicing law for 60 days.  

Story by: By Jaime Adame, World staff writer

Posted: Monday - February 26, 2007

ROCK ISLAND — A Rock Island man arrested for driving under the influence received $7,000 earlier this month in a settlement from the state after filing a false arrest claim against the Washington State Patrol.