To Do: After a DUI License Suspension.

A good DUI defense attorney will focus on avoiding the DUI license suspension that the DOL seeks to impose after a DUI arrest or conviction. There are separate ways that the license can be suspended – administratively, due to a refusal to submit to the test or because the reading exceeded the legal limit, or due to a conviction of an offense such as DUI for which license suspension is mandatory. If you have served a DUI license suspension,  you are still not legal to drive unless you “reinstate” your license. The DOL does not automatically give you your license back after you have served a suspension. To complicate matters, the requirements for reinstatement are different depending upon the type an length of license suspension. Remember, if your license is suspended, you will need to reinstate the license after serving the suspension in order to drive legally. Fortunately, the DOL has created a web-tool that will step you through the process, and it is pretty easy to access. In some cases, simply payment of a reinstatement fee is required. In others, filing SR-22 insurance, an alcohol evaluation and follow-up treatment is required. In still other cases, you’ll need to take the written and driving exams in addition to other requirements before the license is reinstated. The forms sent by DOL on license suspension are not very helpful when it comes to the requirements for license reinstatement, but the DOL webpage is helpful. Here’s the DOL link that steps you through the reinstatement process: https://fortress.wa.gov/dol/dolprod/dsdreinstatements/. You can always give my office a call (425) 274-9190 for help with this or any criminal traffic related problem. We offer representation for all DUI and traffic related matters, focusing upon cases arising in Western Washington, but offering representation in certain cases in counties east of the mountains.


Throw Minors in Prison for Marijuana?

Washington State Marijuana LawThe recent legislative tinkering with the law legalizing marijuana in Washington State, has increased the level of criminal consequences faced by anyone under the age of 21 who possesses marijuana. Recent legislation raised the crime level for minor possession of marijuana from a misdemeanor to a felony. As reported by Komo News, the bill’s sponsor, Sen. Ann Rivers, R-La Center, said the tougher penalty was designed to deter minors from trying an adult drug. “We have to send a message to our kids: This will hurt you in more ways than one if you decide to participate,” Rivers reportedly said. Governor Inslee’s office stated that this was not the Governor’s intention when he signed the bill. The devil is in the details, as they say. Until the legislature can fix this problem, it will be up to prosecutor to “temper justice with mercy” when filing and prosecuting such cases and failing that, a good defense attorney will come in handy. Click here to watch a King 5 news item about legalizing marijuana and DUIs.

Questions? Call Jon Fox at (425) 274-9190.


Jon Scott Fox Listed as “Super Lawyer” for 2015

1050 cropped(2017 Update!) Jon Scott Fox has been named a 2017 “Super Lawyer”  by the Super Lawyers rating service which names 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 list this every year since 2003.

Jon is widely recognized as one of Washington state’s top DUI and criminal defense attorneys. As a trial lawyer, speaker, and author, 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. However, Jon’s most important accolades come from the clients he has represented. A collection of those can be found by clicking here.

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Defending DUIs in Washington Treatise 2015

Defending  DUIsThe book Defending DUIs in Washington contains latest in the law and technology in the field of DUIs and is referenced by attorney and judge alike as authoritative. Every phase of defending a DUI case effectively is covered in the manual. The author of this webpage, Jon Fox, has been an author of Defending DUIs for over 20 years. The manual is updated annually and this year’s updates are extensive, covering the newest DUI laws, procedure, and the Draeger 9510 breath testing device that was introduced into Washington State in November, 2014.

Questions: Call Jon Fox at (425) 274-9190.

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A New Breath Testing Machine in Washington State

For more than 30 years, Washington state law enforcement has been using a breath testing machine known as the BAC Verifier Datamaster to test people who have been arrested for DUI. By today’s standards, this machine is antiquated technology. A Washington State Patrol email your author obtained in connection with a DUI case describes the Draeger Alcotest - DUI Breath Test Machinedata master “obsolete.” In recent years, the state patrol has had difficulty maintaining this machine. It is out of warranty, and replacement parts were difficult to find. Approximately 5 years ago, the state patrol embarked upon a search for a replacement machine. The new machine, the Draeger Alcotest, was purchased and approved for use more than three years ago. However, for reasons that are yet to be determined, it was not placed into police departments for use with live subjects until just a few months ago. The true reasons for the delay in placing into the field what otherwise would appear to be a brand-new state-of-the-art machine have not been revealed by the state patrol. However, it is expected that discovery in upcoming criminal cases will provide the answer.

At this time, the Draeger  has been installed in police stations in a few counties in Washington state. What makes the Draeger unique is that whereas the DataMaster breath test machine provided two breath test readings, the Draeger provides four breath test readings.  The individual is required to blow twice into the machine, the machine  analyzes each breath sample using two separate technologies:  Infrared Spectroscopy and Electrochemical Analysis.  If you are reading this after you have been arrested for a DUI,  you can tell whether you were tested on the old machine or the new machine by looking at the breath test document.

The author of this blog has already  spoken at three separate seminars devoted to educating attorneys  about the Draeger and is currently working on a new chapter in the book Defending DUIs in Washington that will detail the operation of the machine and potential defenses.  This chapter will be co-authored by attorney Ted Vosk, who is nationally known for his advocacy for integrity in breath testing.

Questions? Call Jon Fox at (425) 274-9190.

 


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.