Effective January 1, 2009, the Washington State Legislature passed a new law which provides a certain amount of relief for a driver who has been arrested for DUI and whose license is suspended because of a conviction for DUI. Whereas previously, such… Read More

In February of this year, the long anticipated decision in State v. Baity, 140 Wn.2d 1 (2000) was published and the battle over the admissibility of Horizontal Gaze Nystagmus (HGN) was thrust to the forefront. HGN is the side to side jerking of the e… Read More

DUI defense attorneys in Washington State have been arguing for years now that field tests require some level of consent. Although the higher courts have repeatedly agreed that field tests are voluntary, they have offered no guidance in determining w… Read More

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

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

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

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

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