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DUI Case Dismissed in May 2013 – Criminal Defense Attorney, David O

DUI Case Dismissed in May 2013 – Criminal Defense Attorney, David O

In this DUI case, my client (“MC”) was arrested for driving under the influence in Snohomish county.  The state trooper stopped MC’s vehicle for allegedly “not having working license plate lights” and nothing else.  After a brief DUI investigation, the trooper arrested MC for DUI (driving under the influence).

RCW 46.37.020 mandates vehicles to display lighted headlights and other lights after sunset or before sunrise and at any other time when persons and vehicles on the highway would not be clearly discernible at a distance of one thousand feet.  This statute is relevant because it would determine by law when lights are required on a vehicle while driving and in what type of conditions.

RCW 46.37.050(3) states: “Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear…”  This statute is relevant because it specifically relates to a vehicle’s license plate and some facts related to my case.

My evaluation of MC’s DUI case; the trooper had no basis to stop MC’s car.  However, the state prosecutor didn’t agree with me.  I never take it personal when a prosecutor does not agree with me because, at times, I know they are just doing their “duty.”  So, I set MC’s DUI case for a motion hearing.  A motion hearing is a hearing similar to a trial but without a jury. There is no waiver of a jury trial for this type of hearing.  It’s a hearing where testimony will be provided by witnesses and legal issues presented to a judge.  After hearing all the issues the judge will decide and make certain rulings.

Fortunately for MC, the judge agreed with my argument and dismissed MC’s DUI case!  The judge decided the trooper did not have a reasonable basis to stop MC’s vehicle.  As MC criminal defense attorney, I put a lot of time and energy reviewing police reports, Washington State laws, interviewing witnesses and presenting my findings to the judge in a persuasive manner.  MC was very pleased his DUI was dismissed!

 

 

Farrah Abraham’s DUI Defense Attorney Keeps Her Out of the Pokey

Farrah Abraham’s DUI Defense Attorney Keeps Her Out of the Pokey

Remember “Teen Mom” reality star, Farrah Abraham denying she was DUI (driving under the influence) back in March when she was out partying with her sisters for St. Patty’s Day.  And just days after the DUI arrest, Farrah released statements in her defense that she was sick and not drunk, “Because I’m sick, I could not give an accurate breathalyzer test.”

Apparently, Farrah’s DUI defense attorney did not want to use “Because I’m sick..” as the primary defense theory of the case.  Instead, her criminal lawyer is having her plead guilty to the DUI charge on June 20th.

If the judge agrees with the recommendations made by her defense attorney and the prosecutors, Farrah will avoid jail time completely.  Farrah will be placed on probation, have her driving privileges revoked, and pay $5oo.00 in fines.  Another benefit with pleading guilty to the DUI charge, Farrah’s additional criminal charge of disorderly conduct will be dismissed.

For more info. on Ms. Abraham’s DUI arrest, go to my previous blog Farrah Abraham “Teen Mom” Reality Star, Charged with DUI for Being Sick?  

 

Written by S.O