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Seattle Police DUI Squad

Written by David O
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Seattle Police DUI Squad

Here are some interesting facts about the Seattle police “DUI squad.”

1)  While enforcing traffic laws, DUI squad officers have authority to further investigate individuals for DUI, driving under the influence of alcohol and/or drugs.

2)  DUI squad police may be called to the scene of a car collision to specifically investigate drivers for DUI.

3)  Patrol officers who have stopped an individual suspect of DUI, call DUI squad officers to assist with the investigation of alcohol and/or drug impairment.

4)  Seattle DUI squad officers work late evening hours to early morning hours 7:30PM to  4:30 AM.  The DUI squad police are also required to be on call 24/7 to respond to any situation requiring their DUI expertise.

5)  DUI squad officers appear in court frequently to provide testimony on DUI arrests. DUI charge is the most litigated misdemeanor crime in Washington State.

6)  Most DUI squad officers undergo two weeks of extensive education and certification to become DRE’s (Drug Recognition Experts).  DRE’s have the ability to determine if an individual is under the influence of drugs other than, or in addition to, alcohol.

All information listed above was derived from www.seattle.gov

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DUI Penalties: First Time Offenders

Written by David O
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DUI Penalties: First Time Offenders

Washington State is known for having some of the toughest DUI penalties in the nation.  These DUI penalties are harsh to prevent repeat drunk driving.  Penalties for a first time DUI offender are dictated by the BAC (Blood Alcohol Content) reading taken at the police station, consequences are worse for a BAC result more than .15 or a refusal to blow, than compared to consequences for a BAC result less than .15.

If the BAC result is less than .15; than an individual found guilty of DUI would be facing 1-364 days in jail or 15 days of EHM (Electric Home Monitoring).  Fines range from $941.00 to $5,000.00.  Their Washington State driver’s license would  be suspended for 90 days, and an ignition interlock device would be required in any car they drive.

If the BAC result is more than .15 or refused; than an individual found guilty of DUI would be facing 2-364 days in jail or 30 days of EHM.  Fines range from $1,196.00 to $5,000.00.  Their Washington State driver’s license would be revoked for 1 year if their BAC result was more than .15 or if the individual refused the BAC reading than their driver’s license would be revoked for 2 years.

In addition to jail time, fines, and license suspensions, any first time DUI offender would have to get an alcohol evaluaion and complete the recommended DUI treatment programs.  The judge may also order community service hours or work crew.

Contact the defense lawyers at David O Defense if you have been charged with a DUI.  We offer a free consultation to discuss your case.  Phone number 206-459-6392.

 

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Possession of Marijuana: Search on School Premises

Written by David O
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Possession of Marijuana: Search on School Premises

 

State v. Meneese, (86203-6) 8/2/12
SCt (7-2) held that a search of Meneese’s locked backpack by a Student Resource Officer (SRO), i.e. a fully commissioned, uniformed Bellevue Police officer, was not permitted even under the more relaxed “reasonable suspicion” standard for school searches after T.L.0., 461 U.S. 341.
Meneese was found by the SRO during a routine check of the bathrooms at Robbinswood High School standing over a sink with a bag of marijuana in one hand and a medicine vial in the other. The officer seized the MJ and escorted Meneese, with his backpack, to the dean of student’s office. He placed Meneese under arrest and requested a patrol unit pick Meneese up for booking. The SRO became suspicious that Meneese’s backpack might contain more contraband and when Meneese said he didn’t have the key to unlock it, he was searched, the key was found in his pocket and a search of the backpack reveal a BB gun (i.e. a dangerous gun on school grounds).
SCt concludes the T.L.O. school search exception did not apply to the search of the locked backpack in light of the overwhelming indicia of police action. The SROs had no authority to administer school discipline, suspensions or expulsions. T.L.O. allows a “school official” to search a student’s person if, under all the circumstances, the official has a reasonable suspicion. The act of arresting and handcuffing Meneese was not that of a “school official,” however, since they don’t have the power to do either.
Stephens and J Johnson dissent on the theory that “schools are special environments.”
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