Posts tagged Washington State DUI attorney

Weston Cage Tries to Elude Cops but Fails and Gets a DUI

In an attempt to elude police officers, Weston Cage, son of actor Nicolas Cage, managed to drive himself into a lot of trouble which included; running over mailboxes, plowing down a street sign, side swiping a car, and smashing into a tree. All ironically resulting in a police arrest and being charged with a DUI.

Saturday, Feb. 5th actually started off OK for the 26-year-old actor. Weston was driving a new ride in the San Fernando Valley around noon when he got into a minor fender bender. The driver of the other car and Weston exchanged information and all seemed to be fine.  Until, Weston thought the cops were coming to scene of the accident. That’s when Weston decided to take off! And that’s also when his day started to get a lot worse.

a duiWhile trying to escape the clutches of the ghost cops, Weston only made it a mile away until he lost control of his new car. He swerved onto a residential lawn, ran down a row of mail boxes, continued through the yard, plowed down a street sign, and finally came to a halt by running straight into a tree while sideswiping a car at the same time.  WOW, talk about major amount of destruction in a short amount of lawn.

To make matters worse, Weston’s car no longer looked new… the front end was completely smashed, bummer!

Needless to say, the police were called.  And unfortunately for the star of the movies Lord of War (2005) and Rage (2014), police believed Weston was driving under the influence, aka DUI.  He was arrested and taken to the hospital to check for any bodily injuries before being charged with DUI.

Feb. 5th was not the best day for Weston, but hopefully his days thereafter are much better.  And hopefully Weston hire’s a reputable DUI lawyer to defend his DUI charge!

If you have been charged with a DUI in Washington State and need a great lawyer on your side, give David O Defense a call, 206-459-6392.  Our experienced DUI attorneys are happy to help.

 

I Blew Under .08 Why am I Charged with DUI?

what?It’s an all to common story, “I blew into the breathalyzer machine as instructed by law enforcement and my BAC (Blood Alcohol Concentration) result was under the legal limit of .08, and I was arrested for DUI.  I blew under the legal limit of .08, and now I am charged with DUI. What!?”

It’s unfair but true. In Washington State you can still be charged with DUI (Driving Under the Influence) while having a DUI breath test result under the legal limit of .08.

The Revised Code of Washington (RCW) 46.61.502 defines a driver as being guilty of DUI if the person drives a vehicle within this state “while under the influence of or affected by intoxicating liquor..” Affected by intoxicating liquor!? What does this mean? It means the law enforcement officer that is investigating a person for driving drunk may use their discretion to decide if that person’s driving was affected by alcohol at any BAC level and if they decide their driving was affected then they may arrest that person for DUI.  The reasoning behind this is; every person reacts differently to alcohol and less amounts may “affect” a person’s ability to drive even while having a test result under the DUI limits.

Unfortunately, a person charged with DUI with a breath test under the legal limit will still face the same penalties of a person with a breath test ranging from .08 to .15 with all other factors being similar. Thus, a DUI charge with a breath test under the legal limit should be taken just as seriously as a DUI case with a breath test above the legal limit.

In my personal and professional opinion I don’t believe any driver should be charged with DUI if that person blew under the legal limit, unless something extraordinary happened; such as a car accident etc. It’s very misleading when Washington State advertises that drinking and driving is illegal if your BAC is .08 or above.  The State should be more responsible and honest about drunk driving and change their advertising.  The State should properly inform everyone that they could be charged with DUI at any BAC level if they drove after consuming any alcohol and their driving was affected.

I have represented several people charged with DUI while blowing under the legal limit. Fortunately for those clients we were able to resolve all those cases very well!

Washington State Marijuana Laws

How well do you know the Washington State Marijuana Laws?  It’s important to be safe and avoid any criminal prosecution, so let’s review the laws pertaining to legalized marijuana.

Washington State Marijuana Laws

1.  It is legal for any individual of the age of 21 or older to buy marijuana from a licensed recreational marijuana retail store.  Individuals 21 years and older may legally possess and use:

  • 1 once of marijuana bud/flower,Washington State Marijuana Laws - marijuana light bulb
  • or 7 grams of marijuana concentrate/extract for inhalation,
  • or 16 ounces of marijuana infused product in solid form,
  • or 72 ounces of marijuana infused product in liquid form
  • marijuana related drug paraphernalia

2.  It is illegal to possess more marijuana than what is listed above and it is illegal to possess any form of marijuana or drug paraphernalia if an individual is under 21 years old.

  • FUN FACT – Washington State recreational marijuana sales to the public began July, 8 2014.

3.  Growing marijuana at home for recreational use or to sell is illegal.  Individuals must purchase marijuana from a licensed recreational retail store.

  • FUN FACT – According to the Washington State Liquor and Cannabis Control Board, the marijuana industry generated over $64 million dollars in tax revenue during its first fiscal year.

4.  Marijuana purchased in Washington State must be consumed in Washington State, it is illegal to transport marijuana to other states.

5.  Individuals from other states are allowed to purchase marijuana in Washington State as long as they are 21 or older and they must consume the product in Washington State, they cannot take it back to their home state.

6.  Purchased marijuana products cannot be consumed in the retail store, it is illegal.  This includes concentrates, edibles, and the bud/flower.

7.  It is illegal to open and/or consume any type of marijuana products in the view of the general public.  If law enforcement see’s an individual opening and/or consuming any type of marijuana product in public, that officer is first required to give the offender a verbal warning.  It the individual does not abide by the officer’s warning, the officer will then issue a $27.00 fine.

8.  It is illegal to drive under the influence of marijuana.  There is a per se DUI limit of “delta-9” THC levels at greater than or equal to 5 nanograms per milliliter of blood (5 ng/mL).  If an individual is driving under the influence of marijuana they could be charged with DUI.  A marijuana DUI is treated the same as an alcohol related DUI. State and local law enforcement agencies are tasked with enforcing the DUI limit.

If you have any further questions about Washington State marijuana laws, DUI marijuana laws, or if you have been charged with a marijuana DUI, the attorneys at David O Defense are here to help.  Give us a call, 206-459-6392, today.

 

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com

See What’s Happening on Twitter