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Mark Mullins Pleads Guilty To Seattle DUI Fatalities

Mark Mullins Pleads Guilty To Seattle DUI Fatalities

Remember the terrifying incident of repeat drunk driver, Mark Mullins,  plowing his pickup truck into the family crossing the street in the Seattle neighborhood of Wedgewood.  The DUI crash killed both grandparents, Dennis and Judy Schulte, and critically injured their daughter-in-law, Karina Schulte, and newly born grandson, Elias Schulte.

This past Thursday, 51-year-old Mark Mullins pleaded guilty to all five criminal charges filed against him; 2 counts of vehicular homicide (DUI), 2 counts of vehicular assault (DUI), and failure to comply with court ordered installation of an ignition interlock device.  Originally, Mullins plead not guilty to the DUI charges, however, he changed his plea to guilty in order to take advantage of a lower sentencing recommendation by the State.   State prosecutors have made a recommendation of 18 years of prison for Mullins’ DUI charges, a term too short and unjust for Dan Schulte, husband to Karina and father to Elias, who had hoped for a sentence of life in prison.

During the court disposition, Dan Shulte expressed his feelings on Mullins changing his plea to guilty, “While nothing can undo the damage to our family created by Mr. Mullan’s destructive choice to drive while intoxicated, we’re relieved that he’s decided to accept responsibility for his actions.”

Mark Mullins has had a long history of alcohol and drug abuse.  In the early 1990’s, Mark was arrested three times for DUI, and twice for DUI in 2012.  Allegedly Mark has had an addiction to heavy drugs, such as cocaine, of which cost him his marriage and job as an electrician.  His ex-wife claimed court ordered DUI education classes and alcohol sobriety programs were ineffective for Mark as he could only stay sober for 60 days until binging again.

“I hope he gets the treatment that he needs, so that when he does get out, that this doesn’t happen again,” said Marilyn Schulte, sister to Dan, who stood by her brother’s side during the court proceedings.

Mark Mullins is due back in court on November 15th for sentencing where the judge may follow the State’s recommendation of 18 years in prison or the judge could impose a longer sentence.

Fortunately for Dan Schulte, his family’s health continues to improve in big ways.  Karina, who suffered a severe stroke as a result of the accident, is now able to walk, recognize people, and communicate with limited speech.  Karina is still undergoing rehab to work on speech.  Baby Elias’s recovery has been miraculous as he is acting normal for his age but still suffers from limited vision.  Baby Elias is scheduled for a second brain surgery early next year.

 

Written by S.O

New Driving Under the Influence (DUI) Laws

New Driving Under the Influence (DUI) Laws

Unfortunately every year there are fatal car accidents caused by drunk drivers.  However, this year has been different, Washington State lawmakers filed over a thousand pages of new driving under the influence (DUI) legislation within the months of March through June.

This mad rush of lawmaking was the aftermath of two tragic DUI related cases in the Seattle area.  Governor Inslee, lawmakers, and the “public” have been demanding tougher laws against drunk drivers ever since.

Many of the ideas proposed in early drafts had a lot of public and lawmaker support but were completely unrealistic as actual policies.  A popular proposal was to require special licenses or ID cards for people with DUI history to prohibit their purchase of alcohol.  This proposal appeared quite ineffective considering current Washington State law allows the use of various forms of identification for the purchase of alcohol, including passports and military ID’s.

Another popular proposal that went nowhere was the requirement for all drivers arrested for DUI to have an ignition interlock device installed in his/her vehicle while contained at the impound lot.  The vehicle would remain impounded until the ignition interlock devices was installed properly.  This proposal quickly didn’t pass because of testimony provided by representatives from ignition interlock companies that it was not feasible to install devices off site.

The two mentioned proposals did not pass into law this session.  However, new DUI law, Engrossed Second Substitute Bill 5912, passed and will become effective September 28, 2013.

As a result of 5912 there will be additional mandatory jail time for a DUI driver who had a child passenger.  A court sentencing under the new DUI law must consider whether or not a driver had a passenger under the age of 16 years in the vehicle at the time of the incident and impose additional jail time if they did.  For a DUI driver with no DUI history, this additional mandatory jail is 24 hours.  For a DUI driver with prior DUI history the additional mandatory jail is five days (one prior DUI) and ten days (two or more prior DUI offenses).

Also, 5912 impacts drivers with DUI history at the time of arrest and during pre-trial conditions of release.  During a DUI arrest, if the officer has knowledge of the individual having a prior DUI offense within 10 years, 5912 requires that driver to be booked into jail and held until released by a judge.  Any judge setting pretrial conditions of release for a person with a prior DUI is required by 5912 to impose an installation of an ignition interlock device.  The law does not allow for removal of the device until acquittal or dismissal of the DUI charge.

Driving under the influence laws are ever-changing.  If you or anyone you know is accused with DUI call David O Defense Criminal and DUI Litigation to schedule a free consultation.

Seattle Seahawks’ Josh Portis Released from Team due to DUI Charge

Seattle Seahawks’ Josh Portis Released from Team due to DUI Charge

Josh Portis, backup quarterback, is already feeling repercussions from the DUI (driving under the influence) arrest he received on “Cinco de Mayo” May 5th.  As of yesterday, the Seattle Seahawks officially announced Portis had been released from the team because of his DUI run-in.  Portis not only threw away his prestigious position of professional backup quarterback but also the $480,000.00 annual salary that went along with it, OUCH!  Josh has yet to play in a professional game.

According to Washington State police reports, on May 5th around 9:30PM Josh Portis was driving 80 mph in a 60 mph zone heading eastbound on the I-90 floating bridge.  Washington State troopers pulled the 2008 Range Rover over for speeding, and when they approached the drivers’ window they reported there was “a strong odor of intoxicants coming from the vehicle” and the driver, Portis, had “watery bloodshot eyes.”  Troopers suspected drunk driving even though the 25-year-old athlete stated he did not have anything to drink and was on his way home from Seattle.   Portis agreed to take the field sobriety tests and refused the DUI breathalyzer test during the DUI investigation.

Josh Portis was arrested for DUI and was taken to the Washington State Patrol headquarters.  While there, Portis submitted two breath tests that revealed blood alcohol concentrations of 0.092 and 0.078.  The legal BAC limit in Washington State is 0.08.  Later Josh admitted to the arresting trooper that he did have tequila earlier that evening and that he lied earlier because he was nervous.  Portis was charged with a misdemeanor DUI.

Portis will need to hire a strong DUI defense attorney for his case, his career is depending on it.  With recent DUI tragedies in the local news, Washington State continues to lower its tolerance and sympathy for individuals who choose to drive drunk including professional athletes.

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Written by S.O