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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!

 

 

Lamar Odom Faces Alcohol and Drug DUI Charge

Lamar Odom Faces Alcohol and Drug DUI Charge

Lamar Odom’s life seems to spiraling out of control due to drug addictions and now he’s added a DUI charge to the chaos.

The 6’10” NBA star and husband to Khloe Kardashian, Lamar Odom, has recently been headlining celebrity news with his concealed two year addiction to crack cocaine.  His marriage to Khloe has taken a toll and now possibly his NBA career may be ending.  With all the negative media attention, the L.A. Clippers decided not to resign Odom for another season despite his successful performance on the court last year.  Now to make matters worse, Lamar was pulled over early friday morning by California State Patrol and was charged with driving under the influence of drugs and/or alcohol.

According the police officers, Odom was driving in a “serpentine manner” (too slow) on the 101 Freeway.  When officers approached Lamar’s Mercedes SUV, they smelled heavy odors of alcohol on Odom’s breath and observed behaviors consistent with heavy drug use.  Lamar failed multiple DUI field sobriety tests and refused to take any DUI breath tests.  The NBA player was arrested, taken to jail, and charged with DUI.

Because Lamar  refused the DUI breath test machine at the police station, his CA driver’s license was automatically suspended for one year.  Lamar has already been spotted by paparazzi ducking down in the back of a taxi cab, most likely heading home after spending a few hours in jail.

Lamar’s life is a little messy right now, hopefully he will get his situation cleaned up and straightened out.  For starters he should hire a solid DUI criminal defense attorney to contest his DUI charge.

 

Written by S.O

Criminal Defense Attorney Gets Rapper Too Short A Good Package Deal

Criminal Defense Attorney Gets Rapper Too Short A Good Package Deal

Last week, rapper Too Short was probably feeling pretty good after he and his criminal defense lawyer wrapped up his case by pleading guilty to a DUI charge and in return Short’s other six criminal charges were dropped.

Back in March, Too Short was pulled over by police for suspicion of DUI, during the DUI field tests Too Short tried to run from officers.  Short was caught within seconds, cuffed, and placed into the squad car.  While in route to the LA police station, officers allegedly discovered Ecstasy in the back of their car, claiming it fell out of Short’s pockets.  Too Short denied it was ever in his possession.

Short was charged with seven different charges including; DUI with DUI breath test over .08, resisting arrest, and possession of MDMA (Ecstasy).

Short’s criminal defense attorney negotiated a good package deal for the rapper; Short plead no contest to the DUI charge and all of his other charges were dismissed.  He was sentenced to 3 years of probation, fines, and attendance of DUI alcohol education classes.  Short’s deal was even sweeter considering he avoided jail time all together even with prior DUI’s on his criminal record.

Here in Washington State, if an individual has a prior DUI on their criminal record and pleads guilty to a second DUI they would at least spend 1 day in jail.  See the prior blog What are the penalties for a 2nd DUI Conviction? – Criminal Defense Attorney, David O to see Washington State consequences for a 2nd DUI.

 

Written by S.O