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“DUI Policy Day” – For Lawmakers in Olympia

“DUI Policy Day” – For Lawmakers in Olympia

This past Tuesday, lawmakers in Olympia Washington had an unofficial “DUI Policy Day” to review and discuss House Bills 2344, 2506, 2507,  2503,and 2728.  The bills will provide clarity to unclear current DUI laws and will also stiffen penalties for repeat DUI offenders.

House Judiciary Committee chairman, Roger Goodman, D-Kirkland lead the discussion on bills.  Bill 2344 became a fiery debate.  2344 would require the Department of Licensing to mail out reminders of installation of an ignition interlock device to individuals who have been convicted of a DUI.  The ignition interlock device prevents drunk driving by requiring the driver to blow into a breathalyzer before their car will start.  Additionally, the bill stated that if an individual bought a new car to circumvent placing an ignition interlock device into their car they would be charged with a gross misdemeanor.  Republican Chad Magendanz, supporter and sponsor of Bill 2344, said it’s “absolutely clear,” this bill will prevent accidents and will detour individuals from buying a new car to escape placement of an ignition interlock device into their current car.  DUI defense attorneys and other opponents of 2344 exclaimed the bill was vague and way too costly at a projected 6 million to print and send ignition interlock reminders.  Goodman stated the cost “might put the bill in jeopardy.”

Bill 2506 requires Class C DUI felonies to be upgraded to Class B felonies.  The change in class would not increase sentencing ranges but would enhance post prison supervision on individuals that have an extensive criminal history.  Amy Freidheim, a King County prosecutor, said  this bill would only affect about a half-dozen people in King County over the past seven years.  Thus, bill 2506 would change post-jail conditions for approximately one person in King County each year.

Bill 2507 enhances penalties for individuals that have committed at least two DUI related vehicular homicides.  For the very very small number of individuals that fall into this category, they would have substantial increased jail time.

Bills 2503 and 2728 are primary technical changes, including or excluding wording.  However, the bills do include the ability for law enforcement to conduct blood draws from individuals that contest taking the alcohol breath tests.  Law enforcement would no longer require a warrant for the blood draw.

In addition to these 5 bills, Roger Goodman brought up several other DUI crack down ideas which included random DUI checkpoints.  Most of the ideas were quickly thrown out due to cost or overall ineffectiveness.  Marijuana DUI discussions were also heard.  Activists were voicing their disagreement with I-502 making it a crime to drive with five nanograms of THC (the active component in marijuana) in an individuals blood stream.  Their thoughts were five nanaograms was too low of a limit and that many law-abiding medical marijuana users have more than that in their bloodstreams and still physically and mentally function at levels safe enough to operate a car.

 

Written by S.O

 

Man With A History Of 6 Prior DUI Arrests… Is Arrested For DUI Again

Man With A History Of 6 Prior DUI Arrests… Is Arrested For DUI Again

Browsing through Kirotv.com, I came across a news article published on September 24th, 2013, describing Brian Robert Gramento, a man recently arrested for drunk driving, totaling his DUI arrests to at least 7.  To make matters worse, the 32-year-old was driving drunk while he had his three young children in the back of his car, ages 4, 6, and 7.

This was not the first time, Gramanto was arrested for DUI while having his kids in the car.  Back in March of 2012, Brian Gramento was heading home with his kids in tow when he was pulled over in University Place.  According to Pierce County Sheriff’s reports, Gramanto “was wearing a drinking bracelet which shows he was carded at a drinking establishment like a bowling alley indicating he was old enough to drink.”  The report also indicated that all three kids in the back of his car were his kids and were the ages of 3, 4, and 5.

With Brian Gramento’s most recent DUI arrest, he and his kids were heading home from the Western Washington State Fair in Puyallup shortly before midnight.  Allegedly, Gramento failed to stop at a stop sign and then proceeded to crash into the side of police officer’s car.

Puyallup Police reported, “the strong odor of intoxicants coming from Gramento’s breath and person.” Gramento admitting to drinking at the fair and was arrested for DUI.  He was carted off to Pierce County jail where his bail was  set at $200,000.

Commander Scott Engle shared his arresting officer’s concerns, “The officer was concerned about the driver’s safety, but more importantly, the children’s safety.”

Brian Gramento has had an extensive history of alcohol related criminal offenses.  Since 1999, Gramento has been placed into county jail at least 15 times, of which 14 of those involved alcohol.  Other criminal charges he has racked up include felony DUI, reckless driving, and reckless endangerment.

In addition to this newest DUI charge, Gramento will likely face charges of failure to install an ignition interlock device and driving without a valid drivers license.  Both of which had been court ordered during his previous DUI sentencing, which he served 7 months jail time.

Personally I feel drivers like Brian Gramento are the really dangerous drunk drivers.  For some reason, they have slipped through the effectiveness of court ordered alcohol education classes.  They fail to comply with court ordered installation of ignition interlock devices and they disregard the fact they don’t have a valid driver’s license.  They continuously endanger themselves and others.  In Gramento’s situation, he has selfishly put his children’s lives at risk at least twice now by having them in the car while driving drunk.

It is obvious from repeat DUI offender cases such as Brian Gramento and Mark Mullins (see my blog Mark Mullins Pleads Guilty To DUI Fatalities for more info) to why Washington State legislature is working so diligently to amend and/or add new DUI laws to include harsher penalties and better treatment solutions.

Keep following David O Defense for updates and news on Washington State’s DUI laws.

 

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.