Proof of "Consent" in DUI Trials Required for FST
November 29th, 2008
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…
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Tags: Admissibility, Consent, Drunk Tests, DUI Defense, Evidence, Field Sobriety Tests, FST, RCW, Seattle
Court Restricts Use of Field Sobriety Tests
November 29th, 2008
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…
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Washington State DUI Law Awaiting High Court Ruling
November 29th, 2008
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…
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Forty Years of DUI Legal Precedent Erased?
November 29th, 2008
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…
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A Slight Omission Leads to Injustice
November 29th, 2008
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…
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The Litigation Counsel of America Honors FBD Attorneys
November 29th, 2008
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…
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Driver's License Death Spiral
November 29th, 2008
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…
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"Drugged Driving" Defense and Prosecution: DRE Explained
November 29th, 2008
I. DRE BACKGROUND: Separate from the “per se” prong, RCW 46.61.502 also criminalizes driving while under the influence of intoxicating liquor or any drug, or under the combined influence of alcohol and a drug. [1]. Although Washington law…
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Tags: Cannabis, Depressants, DRE, Drug DUI, Drug Recognition Expert, Drugs, DUI, Hallucinogens, Inhalants, Narcotics, Stimulants
1999 Washington State DUI Law Changes Explained
November 26th, 2008
1999 Washington State DUI Law Changes Explained In January of 1999, changes in Washington state DUI laws made it a lot easier to turn law-abiding citizens into serious criminals in the State of Washington. Most lawyers had dire predictions of the eff…
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Jon Scott Fox Honored as Super Lawyer for 2008
May 30th, 2008
Jon Scott Fox has been named a 2008 Super Lawyer in Washington state by Washington Law & Politics magazine. Each year the magazine honors the top attorneys in the state based on extensive surveys and independent research. The goal, according to t…
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