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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!

 

 

What are the Penalties for 2nd DUI Conviction? – Criminal Defense Attorney, David O

What are the Penalties for 2nd DUI Conviction? – Criminal Defense Attorney, David O

When an individual is found guilty of  a second DUI (driving under the influence) within seven years from the first DUI conviction the penalties become tougher and increase in duration and cost.

Here are Washington States minimum and maximum penalties for a second DUI within seven years.

If the BAC (blood alcohol content) result was less than .15, penalties for a 2nd DUI are as follows:

  • Days in Jail:  30-364 and 60 days of EHM (electric home monitoring)
  • Fines:  $1,196.00 to $5,000.00
  • Ignition Interlock Device:  5 years
  • License Revocation:  2 years.

If the BAC result was more than .15 or a BAC refusal, penalties for a 2nd DUI are as follows:

  • Days in Jail:  45-364 and 90 days of EHM
  • Fines:  $1,621.00 to $5,000.00
  • Ignition Interlock Device:  5 years
  • License Revocation:  900 days if BAC result was more than .15 Or 3 years if BAC was refused.

If charged with a second DUI in Washington State, it is in your best interest to speak with a reputable DUI criminal defense attorney about your case and options.  Every DUI lawyer at David O Defense offers a free, no hassle, no obligation consultation to talk about the details of your case, call 206-459-6392 to schedule today.

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