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Gibson Gets a DUI for Not Listening to LA Police!

Gibson Gets a DUI for Not Listening to LA Police!

Actor Thomas Gibson arrested for DUI this morning for disobeying the LAPD.

The “Criminal Minds” and “Dharma and Greg” actor, Thomas Gibson, was driving home at 1 am when he stopped for road blocks set up for a Los Angelas half marathon.  Police officials told Gibson that he could not proceed forward and must take an alternate route home.  Gibson ingnored the police and drove into the marathon route.

Idiot!  Rule number 1: follow law enforcements resonable requests, especially if you are possibly DUI!

Lucky for Thomas Gibson he didn’t endanger any of the marathon participants as they had already run  that portion of the road.  However, unlucky for Gibson, whom placed a huge target on his own back for disregarding the law, was pulled over by officers.  The police reported they could smell alcohol on his breath and charged him with DUI.  Gibson did do one thing right that night, he used his legal rights to refuse to take the DUI portable breath test.

TMZ.com reported Gibson’s bail had been set at $15,000 and that he was still in police custody.

Lesson learned… listen to the police and avoid DUI charges.

 

Written by S.O

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Know Your DUI Rights!

Know Your DUI Rights!

KNOWLEDGE is POWER!  Know your DUI RIGHTS!

When questioned by law enforcement in Washington State about DUI make sure to exercise your rights.

1.  Exercise your right to an attorney, either a private DUI attorney or a public defender.

2.  Exercise your right to remain silent during the DUI questioning.

3.  Do not consent to detention or search of any type of personal belongings, home, or vehicle.

4.  Refuse to perform the DUI field sobriety tests.

5.  Refuse to take the DUI portable breath test.

6.  Do cooperate at the police station and take the DUI breath test or blood test, unless advised not to do so by your DUI attorney.

 

Published by Washington State defense attorney David O

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DUI Charge Even With a Breath Test Under the Legal Limit

DUI Charge Even With a Breath Test Under the Legal Limit

It’s unfair but true you can be charged with a DUI in Seattle, in fact, everywhere in Washington State while having a DUI breath test result under the legal limit of .08.  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 prosecutor can still charge you with a DUI.  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.  A person charged with a DUI with a breath test under the legal limit will be facing the same penalties of a person with a breath test ranging from .08 to .15 with all other factors being similar.  As a result this type of case should be taken as seriously as a DUI case with a breath test above the legal limit.

Unless something extraordinary happened I don’t believe any driver should be charged with a DUI if that person blew under the legal limit.  Especially when the state puts on TV ads about DUI/drunk driving and posts signs all over the road showing the legal limit of .08.  It’s misleading.

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

 

Published by Seattle DUI lawyer David O

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