Jon Scott Fox Named to Washington State Super Lawyers List for 2013

1050 croppedJon Scott Fox has been named by Super Lawyers as being among the top attorneys in Washington state for 2013. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Each year, no more than five percent of a state’s attorneys receive the honor. Jon has been named to this every year since 2003.

Jon is widely recognized as one of Washington state’s top DUI and criminal defense attorneys. He has regularly been named to Washington State Super Lawyers. He has been honored by Seattle Magazine as being a King County “Top Lawyer,” and Washington Law and Politics magazine has listed him as one of Washington state’s “Top 25” criminal defense attorneys. Jon has been given Avvo’s very highest professional ranking, and for the last decade he has received a Martindale-Hubbell AV® Preeminent™ rating. This rating is given to attorneys who demonstrate the highest ethical standards and professional ability.


Jon Fox is a Recipient of Avvo Clients Choice Award for 2013

Jon Scott Fox has received an Avvo Clients’ Choice Award for 2013. The recognition is for receiving high marks from clients for his outstanding legal representation. Over the last six years, clients have given Jon top scores in the areas of trustworthiness, responsiveness, knowledge, and for keeping them informed, with over 99% of them—over 100 Avvo client reviews—giving him the very highest ranking. Here’s what one client had to say:

Jon, it has been roughly two months since the final disposition of the case related to my DUI charge. As I look through the rearview mirror on this extremely difficult episode, I am just now fully appreciating the skill, expertise and wisdom you brought to bear on the outstanding positive outcome of my situation.
Your ability to maneuver through the court and thorough understanding of the legal system undoubtedly had a significant impact on my charges being reduced. Through each step of the process I felt not only informed but that I was receiving wise “counsel.” I have made a career of bringing people together to achieve great results. I believe this comes mainly from having a keen eye and sense for exceptional talent. I could not imagine a better talent or advocate for anyone facing a similar circumstance.

Many thanks for the thoughtful responses from so many clients, and congratulations to Jon Scott Fox for his tireless and superb efforts on his clients’ behalf over the years!

Avvo Clients Choice Award

Jon Scott Fox Named as One of Top Attorneys in State for 2012

Jon Scott Fox has been named by Super Lawyers as being among the top attorneys in Washington state for 2012. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Each year, no more than five percent of a state’s attorneys receive the honor.

Jon is widely recognized as one of Washington state’s top DUI and criminal defense attorneys. He has regularly been named to Washington State Super Lawyers. He has been honored by Seattle Magazine as being a King County “Top Lawyer,” and Washington Law and Politics magazine has listed him as one of Washington state’s “Top 25” criminal defense attorneys. Jon has been given Avvo’s very highest professional ranking, and for the last decade he has received a Martindale-Hubbell AV® Preeminent™ rating. This rating is given to attorneys who demonstrates the highest ethical standards and professional ability.


Jon Scott Fox Honored by Super Lawyers

Jon Scott Fox has been named to 2011 Washington State Super Lawyers. Each year Super Lawyers honors the top attorneys in Washington state from more than 70 practice areas, based on surveys of fellow lawyers, an independent research evaluation of candidates, and peer reviews by practice area. No more than five percent of lawyers in the state are selected by Super Lawyers.
Jon is widely recognized as one of Washington state’s top DUI and criminal defense attorneys. He has repeatedly been named to Washington State Super Lawyers. He has been honored by Seattle Magazine as being a King County “Top Lawyer,” and Washington Law and Politics magazine has listed him as one of Washington state’s “Top 25” criminal defense attorneys. Jon has been given Avvo’s very highest professional ranking, and for the last decade he has received a Martindale-Hubbell AV peer review rating. This rating is given to attorneys who demonstrate the highest ethical standards and professional ability.


Jon Fox Speaks to Attorneys About New DUI Breath Test Machine

Jon Fox spoke to an audience of over three hundred attorneys who attended the 2010 seminar “Defending DUIs” sponsored by the Washington Foundation for Criminal Justice on December 10, 2010. Washington State has only recently approved a new breath testing device for deployment by law enforcement. Next year, the device will be used to test citizens who are arrested for DUI. The device, the Draeger 9510, is largely shrouded in mystery as, to date, no Washington State operator or maintenance manuals are available for release to the public. Mr. Fox’s research for the speech included examination of over 2,000 pages of records he obtained under Washington State’s Public Records Act and review of transcripts of testimony from landmark cases in other states involving the same technology used in the new machine. The new device will be the subject of a new chapter authored by Mr. Fox for the book, “Defending DUIs in Washington,” later this year.


Jon Fox Speaks to Judges on DUI Breath Testing

The Washington State Administrative Office of the Courts sponsors continuing education for judges and most years, includes “DUI Regional” training sessions. This year the DUI regional sessions are being held in four locations throughout Washington State — Lynnwood, Olympia, Kennewick, and Spokane. As of the date of this writing, the first session has been held in Lynnwood. Mr. Fox presented a comparison of the features of the current breath testing machine, the DataMaster, and the soon to be deployed machine — the Draeger 9510. There are a number of key differences between the two machines, some of which reveal potential deficiencies in the DataMaster as currently deployed. The presentation was interactive and used a “pen-enabled” PowerPoint presentation via a tablet PC, which turns such a presentation into a white-board interactive learning session.


Jon Fox Named Top Criminal Defense Attorney in King County

Jon Scott Fox has been named by Seattle Metropolitan Magazine as being one of the top criminal defense attorneys in King County. The result is based upon a survey of peer-review ratings administered by Martindale-Hubbell. According to Seattle Metropolitan, “Our list includes only those practitioners in King County who have been judged by their peers to be ‘AV Preeminent’—the highest peer-review rating available.”
Jon has consistently been recognized as one of the top criminal defense attorneys in Washington state. He has regularly been honored as a Super Lawyer by Washington Law and Politics, and has been named as one of the “Top 25” criminal defense attorneys in Washington by the magazine. Jon has been honored by Seattle Magazine as one of “Seattle’s Best Lawyers,” and Avvo gives him its very highest rating for Washington state DUI attorneys.


Jon Scott Fox Named 2010 Super Lawyer

Jon Scott Fox has been named a 2010 Super Lawyer by Washington Law & Politics magazine. Each year the magazine honors the top attorneys in Washington state based on extensive surveys and independent research. Fewer than five percent of the state’s attorneys from 70 practice areas were recognized this year.

Jon has been honored as a Super Lawyer repeatedly over a distinguished legal career. He has also been named as one of the “Top 25” criminal defense attorneys in Washington state by Law & Politics, and been honored by Seattle Magazine as one of “Seattle’s Best Lawyers.” Avvo gives Jon its very highest ranking for Washington state DUI attorneys.


Exactly What Is An Ignition Interlock?

IMG00105-20091012-0945Many people shudder at thought of having one of these devices and are disappointed to learn that this device may be the only way that can drive their car for period of time in the future. The reality is, with Washington State DUI laws become harsher ever year and with legislative lobbying by MADD and other interest groups, the ignition interlock will soon be a reality for many citizens who are accused of drinking and driving. It is an unpleasant surprise for many to learn that this device can be required even without having ever gone to court! This is because every DUI arrest is followed by an independent licensing suspension from DOL. This action by DOL must occur within a finite period of time after the arrest regardless of whether the arrestee has even been to court on a first appearance.

Where a person has never been arrested for a DUI within the previous 7 years, and the person provides a breath sample of .08 or above, the DOL will seek to suspend the person’s license for 90 days. On the other hand, if the arrested person refuses to provide a breath sample, the DOL will seek to revoke the person’s license for 1 year.  Where a driver has previously been arrested for a DUI and that arrest occurred within the past seven years, the driver faces a 2 year loss of license regardless of whether the arrested person provides a sample of their breath.

While most suspended or revoked people are eligible to continue driving during their suspension periods, this is allowed ONLY with an ignition interlock license (IIL) which obviously requires an ignition interlock device (IID) on their vehicles.  Here is what an the device looks like.

This ignition interlock is handheld and requires the driver to provide a breath sample prior to the vehicle being started. Once a sample is provided, analyzed, and clear, it will permit the vehicle to start. During the drive time the device will randomly and frequently require the driver to provide samples. As a result, many drivers will be required to place the device in their lap as they drive for easy access when prompted for a sample.

While installation and maintenance are an issue, as well as the fact that the device has many limitations, complications, and false positives, those issues will be left for another discussion. In the meantime, what citizens need to know is that although the device can be hidden under the seat, in a console, or even a glove box when the vehicle is parked, there is simply no way to use the device while driving discretely. It will always be seen by the passengers. As a result, the ignition interlock device is the “scarlet letter” for every driver who has one.

Experienced and aggressive legal counsel is critical immediately after a DUI arrest so that the accused will have the best chance possible of avoiding the DOL suspension. If you or someone you know has been arrested for DUI they will almost certainly face a DOL action and only have 20 days to respond. Regardless of where you live, the Seattle DUI Attorneys of Fox Bowman and Duarte can help.


Oregon Appeals Court Rules Accused Drunken Driver ‘Coerced’ Into Blood Test

Recently, an Oregon Appeals Court found that a suspected intoxicated driver was ‘coerced’ into providing a blood test.  Police and prosecutors say a court of appeals ruling will make it more difficult to investigate and prosecute suspected drunken drivers. Although a man accused of drunken driving gave his consent to have his blood drawn for testing, the Oregon Court of Appeals ruled this week that the consent was coerced and should be suppressed. In a 6-4 decision, the appellate court found that the man’s consent was not voluntary because he agreed after a police officer read him the penalties of not complying, as required by state law. The court also ruled that the officer, who had probable cause to believe the driver was intoxicated, could have obtained a search warrant by phone without sacrificing evidence and should have done so.Washington drivers have likewise given their consent and this recent ruling may serve as a model for future challenges here in Washington. Currently, a DUI arrestee is most often requested to give a breath sample and the person is likewise informed of the consequences of refusing a sample, or providing a sample. These warnings are called Implied Consent Warnings and are found in RCW 46.20.308 and state the following:

(a) If the driver refuses to take the test, the driver’s license, permit, or privilege to drive will be revoked or denied for at least one year; and (b) If the driver refuses to take the test, the driver’s refusal to take the test may be used in a criminal trial; and (c) If the driver submits to the test and the test is administered, the driver’s license, permit, or privilege to drive will be suspended, revoked, or denied for at least ninety days if the driver is age twenty-one or over and the test indicates the alcohol concentration of the driver’s breath or blood is 0.08 or more, or if the driver is under age twenty-one and the test indicates the alcohol concentration of the driver’s breath or blood is 0.02 or more, or if the driver is under age twenty-one and the driver is in violation of RCW 46.61.502 or 46.61.504; and (d) If the driver’s license, permit, or privilege to drive is suspended, revoked, or denied the driver may be eligible to immediately apply for an ignition interlock driver’s license.

If a driver refuses to provide a breath sample, something that they have a right to do and are specifically told of this right, an officer may apply for a search warrant for the purpose of drawing blood from the arrestee against that person’s will. You will notice that the above warnings do not inform the person of this possibility. Oregon has a similar provision which the Appeals Court appears to have alluded to and heartily endorsed.

On this point, Oregon is not alone as the Washington Supreme Court recently endorsed this search warrant procedure in the case of City of Seattle v. St. John. Under normal circumstances a blood sample is not usually requested and drawn because breath testing is done. However, in certain circumstances blood is sought first. These circumstances are where the suspected driver is; 1) receiving aid and a breath test machine is not available; 2) the driver has injured another person; 3) the driver killed another person; or 4) the driver is unconscious or otherwise incapable of providing a breath sample and the officer has probable cause to believe that person was DUI.

An additional circumstance where police can request a blood sample is if a person has undergone an exam with a Drug Recognition Evaluation (DRE) and the officer suspects the person to be under the influence of a drug.

Under current Washington law, regardless whether a person arrested for DUI is requested ot provide breath or blood, their right to refuse either test can be ignored and they can have blood taken from them with force under the authority of a search warrant. While this search warrant has been recently upheld, the ruling in the Oregon Court of Appeals may provide new life for a future challenges in light of the fact that the Washington State Constitution gives more protection to citizens from these types of searches. However, it will take a lawyer with unique experise in Washington DUI law to recognize the right case and prepare it for such a important challenge. At Fox Bowman Duarte, both our Bellevue and our Bellingham locations are staffed with talented lawyers that possess this unique skill set.