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“What Not To Wear To Court” – Advice From Defense Attorney David O

“What Not To Wear To Court” – Advice From Defense Attorney David O

Often times I am shocked when I show up to court and see a room full of inappropriately dressed people.  I think to myself, “Is this REALLY how someone wants to present themselves to a judge who is going to determine their case issues of law and possible penalties at the sentencing phase of the criminal case?”

About 2 years ago, I represented a client who was charged with DUI based on smoking marijuana.  God bless my DUI client, she loved to smoke weed but I couldn’t believe she wore a Bob Marley blunt smoking shirt to our court appearance.  You don’t need to be dressed like you are going to a funeral but you shouldn’t wear a T-shirt displaying the crime you’ve been accused of.

Another instance of what not to wear; I was in Seattle Municipal Court and noticed a young lady who was charged with prostitution.  I’m not one to judge a person’s appearance but if you are facing a charge of prostitution you probably shouldn’t come to court looking like you just got off “work.”  If you are charged with prostitution or any other criminal charge for that matter you should not wear a mini skirt, 5 inch heels and a v-neck tee barely supporting your large chest.

Another fun what not to wear sighting came out of Lynnwood Municipal Court where I observed a defense attorney dressed like he just came straight to court from an all night out of drinking.  Although he was dressed in a suit, it looked as if it had not been dry cleaned since he bought it in 1993.  It smelled like it hadn’t been cleaned since then either.  This defense attorney’s shirt was so wrinkled it looked like he was wearing it while demonstrating how to stop drop and roll as if his clothes had been on fire.  Again, you don’t need to dress like you are going to the Emmy’s but come on…criminal defense attorneys should dress as if they really care about their client’s case.

In a nut shell, here’s WHAT NOT TO WEAR to court;

  • a tank top or short shorts
  • a baseball cap, hat, or doo rag
  • short skirts or short dresses
  • T-shirts with inappropriate graphics
  • flip-flops or slippers
  • soiled or stinky clothes
  • ripped or torn clothes

When going to court you should dress as if you were attending church or meeting your significant other’s parents for the first time.  You don’t necessarily need to wear a new suit but you want to look like you respect the court system and you respect yourself.

 

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!

 

 

Robbie Knievel DUI in a MOTOR HOME?

Robbie Knievel DUI in a MOTOR HOME?

This story takes the cake, it’s so unbelievable, yet somehow so believable.  Robbie Knievel, son of the famous daredevil Evil Knievel was arrested a few days ago for DUI.  Here’s the catch, Robbie was driving a motor home while under the influence and crashed it into multiple mobile homes and then fled the scene without stopping once.  The city of Sturgis police later found Robbie in a parking lot near the scene of the crime still inside his RV texting on his phone.  So crazy, did Robbie not realize he ran a large vehicle into large objects “houses” and think he could drive off without anyone knowing?

According to South Dakota police reports, Robbie may not have known what he was doing since he was obliterated while driving the motor home, he blew a 0.228 (three times the DUI legal limit) shortly after failing the DUI field sobriety tests.  Robbie, also a daredevil like his father, was arrested and charged with DUI.  I wouldn’t be surprised if he was charged with hit and run and reckless driving on top of the DUI charges.

South Dakota has already suspended his driver’s license and fined him $600.00.

Talk about a stunt that should never be repeated, Robbie is lucky he didn’t hurt anyone.

 

Written by S.O