Court Restricts Use of Field Sobriety Tests

For years DUI defense lawyers in this state have tried to convince judges that field sobriety tests must be conducted in compliance with the guidelines established by the National Highway Traffic Safety Administration (NHTSA). Given NHTSA’s bright… Read More
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Washington State DUI Law Awaiting High Court Ruling

A constitutional battle now in the hands of the Washington Supreme Court erupted across the state in the courts of limited jurisdiction over the use of breath-test results in DUI trials. In 2004, the Legislature directed the courts to assume the trut… Read More
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Forty Years of DUI Legal Precedent Erased?

I read somewhere recently the phrase: “The law is supposed to serve as an anchor under shifting political seas.” This comment struck me as profound in light of the published opinion of the Court of Appeals, Division II. As lawyers, we rely on est… Read More
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A Slight Omission Leads to Injustice

There are those who call it nitpicking when DUI defense attorneys ask judges to throw a breath test out of court for what looks like a trivial error in approved scientific protocol and procedure. Preventing injustice is not nitpicking. When scientifi… Read More
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The Litigation Counsel of America Honors FBD Attorneys

The Litigation Counsel of America has selected Jon Scott Fox, Bill Bowman, and Francisco Duarte as Fellows. The Litigation Counsel of America is a trial lawyer honorary society comprised of experienced and effective litigators throughout the United S… Read More
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Driver's License Death Spiral

I think it was Steve Miller who famously stated, “My Mazerati does 185, I lost my license, now I don’t drive…” While Steve Miller was correct that speeding is one way to lose your license, there are other ways as well. Consider a… Read More
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An Exception to Washington State’s DUI "Mandatory Jail"

DUI convictions require judges to impose mandatory minimum sentences. This is true whether the DUI occurred in Seattle, Redmond, Bellevue, or anywhere else in Washington State. Mandatory minimum sentences for a Washington State drunk driving convicti… Read More
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Washington State Blood Tests Are Subject To Challenge

It seems that drug based DUI cases are on the rise and every year I see more and more of these types of cases. In a drug based DUI, Vehicular Assault or Vehicular Homicide case the blood test is critical evidence, yet it is subject to a motion to sup… Read More
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The Impact of a DUI Arrest or Conviction on your Job

Although you won’t find “loss of job” listed in the DUI punishment statutes, a DUI arrest in Washington State can have a devastating impact upon your continued employment. If you need to drive to get to work, or if you must drive in the course… Read More
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Is the .08 Law a Half Truth?

Washington State has done a good job of publicizing that if you drive at .08 or higher, you will be prosecuted. What the average driver does not know is that Washington has in fact abandoned the concept of a “legal limit” in favor of prosecuting… Read More
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