In 1983, District Court Judge David S. Admire and a citizen, Shirley Anderson, started the first DUI Victim Panel in Redmond, Washington. Judge Admire believed that the DUI offenders coming before him did not realize the seriousness of the possible consequences of drunk driving. Since that first DUI Victim Panel in 1983, this program has grown to be utilized by the courts in nearly all 50 states.
DUI Victim’s Panel
April 14th, 2010Washington’s Implied Consent Law
April 14th, 2010RCW 46.20.308(1) provides that any person who operates a motor vehicle within Washington state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of Minor Driving After Consuming Alcohol (RCW 46.61.503).
License Status: Suspended versus Revoked
February 23rd, 2010When your driver’s license is suspended, you may be reissued a license after the suspension period.
When your driver’s license is revoked, my may be required to get retested before a new license can be reissued.
Call An Experienced Seattle DUI Lawyer Now At 206-706-2831 for a Free No Hassle Consultation About Your Seattle DUI Case.
www.SeattleDUIFirm.com
Congratulations Andrea Robertson
January 29th, 2010Congratulations are due to fellow defense attorney Andy Robertson on a hard-fought case ending with a great result in Whatcom County Superior Court.
Here is the article from the Bellingham Herald explaining:
Jury deadlocks on whether man stole Bellingham police car
PETER JENSEN – THE BELLINGHAM HERALD
A Whatcom County Superior Court jury could not unanimously decide Thursday, Jan. 28, if a Bremerton man charged with stealing a Bellingham police patrol car in November 2008 was guilty of the crime.
Joshua R. Willette, 26, was charged with theft of a motor vehicle and first-degree malicious mischief.
After a four-day trial in Judge Ira Uhrig’s courtroom concluded Wednesday morning, the jury deliberated for the afternoon and into Thursday morning before deadlocking on the theft charge.
The jury found Willette not guilty of the malicious mischief charge.
Willette’s attorney, Andrea Robertson, said the 12-member jury was evenly split on whether he was guilty of the car-theft charge.
She said Senior Deputy Prosecutor Eric Richey has not made a decision on whether to re-try Willette on that charge.
“It’s hard to predict since it was split exactly down the middle,” Robertson said. “They expressed a lot of concerns about the investigation.”
Robertson said Willette was relieved but still anxious upon hearing the jury’s results.
“He cried when it was read,” Robertson said. “He had relief that part of it was over and anxiety about what happens next. It’s been a long, stressful process.”
Richey told the jury during trial that a shoeprint, a cigarette butt and DNA evidence tied Willette to the car theft.
Robertson countered that the shoeprint and cigarette butts were from common brands and called an expert witness to criticize the police department’s handling of the DNA evidence, which he said could lead to cross-contamination and a faulty test result.
Willette was drinking downtown at Bob’s Burgers & Brew on the night of Nov. 30, 2008, when Officer Matthew Allen parked his patrol car in the alley next to the Royal Inn and left the keys in the ignition. When he returned, the car was gone.
An officer later found the car damaged with a flat tire, two microphones stolen from it and on some rocks at the dead end of C Street near Bellingham Bay.
He found a cigarette butt that appeared recently smoked, and impounded that as evidence, according to trial testimony.
Another officer found Willette walking alone at C and Girard streets, and stopped to question him after Willette jumped into a bush as the patrol car passed.
Robertson said Willette walked into the bush because he was intoxicated.
When questioned, Willette had a pack of cigarettes on him that was the same brand as the butt found by the car, and the officer checked the soles of his shoes and later found a match in the mud about 30 feet from the stolen police car.
Robertson said the shoe is from a common brand and a similar shoeprint is now evidence against a defendant charged in a series of rooftop burglaries that was occurring when the police car was stolen.
After Willette was charged, the cigarette butt and a mouth swab containing his DNA were sent to a Washington State Patrol Crime Lab in Marysville for a comparison.
Although the lab found a match, Robertson called Donald Riley, a University of Washington professor and a DNA research scientist who observed the testing process, to cast doubts on the test result.
Riley said the swab and cigarette butt were placed in paper containers and put into a box for shipping to the lab, which he said could lead to cross-contamination because paper is porous enough to allow human cells to get through.
Richey countered that the evidence was placed in two layers of paper, and Riley admitted the DNA analyst did nothing to compromise the test results.
Happy New Year’s News: No DUI Deaths on NYE In Washington
January 21st, 2010According to officials, there were no DUI related traffic fatalities over the New Year’s weekend.
Last year on New Year’s weekend there were five alcohol-related deaths in the state. Over the New Year’s weekend police officials made 257 DUI arrests. This is a decrease from last year’s 291 DUI arrests over the weekend. Officials are attributing the decrease to people taking taxis and assigning designated drivers.
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Call An Experienced Seattle DUI Lawyer Now At 206-706-2831 for a Free No Hassle Consultation About Your Seattle DUI Case.
Former Blackhawks star Chelios arrested on DUI, speeding charges
January 6th, 2010Former Chicago Blackhawks star Chris Chelios was arrested early Dec. 28 and charged with speeding and driving under the influence, Westmont police said.
According to police, Chelios, now playing for the Chicago Wolves, was driving alone in a pickup truck east on Ogden Avenue in the area of Blackhawk Drive in Westmont when he was stopped.
Chelios was then taken to the Westmont police department, where he was charged and later released on bond. He has a Feb. 1 court date, according to reports.
Beware the Misguided, Irresponsible SEO Vendor
December 16th, 2009On December 13, 2009, my attention was drawn to an internet “article” published on a website called BestInformationAbout.com. While the article, “Should I get a Public Defender or Hire a Seattle DUI Attorney,” was not written by me and makes no mention of my name or that of my firm, Lovik & Juhl, PLLC, it is embedded with two links to a website that I maintain. The article is poorly written, misstates the law, and—most notably—it is terribly offensive to the public defense community at large.
After looking into the matter, my suspicion that the article was published by a search engine optimization (SEO) company was confirmed. While I did contract for services with the SEO in question, I in no way authorized the publication of the article, nor would I have if given the opportunity. On December 15, 2009, I formally severed all ties with the SEO company responsible for writing and publishing the article.
Unfortunately, as many who have gone before me have learned, once content is published on the internet, it is very difficult, if not impossible, to remove.
Motorized bar stool from Ohio DUI being auctioned
December 9th, 2009A motorized bar stool that got an Ohio man arrested for drunken driving goes up for auction this week on eBay.
Twenty-nine-year-old Kile Wygle was charged with driving under the influence after he crashed the contraption in March in the central Ohio city of Newark. He pleaded guilty the following month and spent three days in jail.
A Licking County judge ruled in June that any profit from sale of the stool should go toward back child support. At the time, Wygle owed about $37,000.
The DUI lawyers at Lovik & Juhl, PLLC are dedicated to helping people facing DUI charges throughout King County, including all King County District Courts and Municipal Courts in Kirkland, Bellevue, Redmond, Kent, and all surrounding communities.
Woman accused of buying beer for teens indicted
April 21st, 2009By The Associated Press
KLAMATH FALLS, Ore. — A Klamath Falls woman who allegedly bought 180 cans of beer for an underage drinking party is charged with criminally negligent homicide in the death of an 18-year-old who attended.
Klamath County District Attorney Ed Caleb says 33-year-old Roberta Jean Tamcke was jailed Monday after a grand jury indicted her. The Klamath Falls Herald and News said she turned herself in.
Police records show that 18-year-old Emilio Alfaro died Feb. 28 after the vehicle he was driving flipped and struck a telephone pole shortly after he left the party. His blood alcohol content was over the legal limit.
He was a 2008 Henley High School graduate who competed at the state level in wrestling last year.
DUI-roadblock bill dies in Olympia
February 12th, 2008By CURT WOODWARD
The Associated Press
OLYMPIA — Gov. Christine Gregoire suffered her first major defeat of the 2008 Legislature on Thursday when her push for drunken-driving checkpoints died without enough support from lawmakers.
Gregoire’s proposal would have let police stop all motorists on certain stretches of road to check for drunken drivers, after getting a local judge’s approval. Gregoire said that could save about 50 lives a year, based on successes in nearly 40 other states that have similar programs.
Gregoire, who is running for a second term this fall against Republican Dino Rossi, heavily promoted the checkpoint plan at the Capitol, lobbying for it in her State of the State speech and sending high-powered supporters to its public hearing.
But the plan encountered strong, bipartisan resistance in the Legislature. Critics said the Washington constitution’s privacy protections, which are stronger than those in federal law, prohibit police searches without a greater degree of suspicion.
It never came up for a vote, even though House Judiciary Committee Chairwoman Pat Lantz, D-Gig Harbor, was its chief sponsor. On Thursday, Lantz and the Gregoire administration declared the plan dead.
Lantz described resistance among other lawmakers as “immense,” and questioned whether the Legislature’s rhetoric about ending drunken-driving deaths was entirely genuine.
“Everyone’s interest in stopping the carnage on our highways is not as deeply rooted as I thought,” a disappointed Lantz said.
Marty Brown, Gregoire’s legislative chief, said the Democratic governor remains committed to the program and will bring it back to lawmakers if re-elected in November. Lantz, however, was less optimistic.
“I think it will be many a year before anybody tries this again,” she said.
Skeptics like Rep. Mark Ericks, D-Bothell, said they never got a good explanation about how the checkpoint plan could survive a legal test under the state constitution’s privacy protections.
“I can’t imagine how it could possibly meet constitutional muster, because our state is a little more strict,” said Ericks, a former police chief.
Rep. Steve Kirby, D-Tacoma, said he heard loud and clear from constituents that the police roadblocks weren’t a good idea. He agreed.
“To me, this is a step away from letting the police stop us on the streets and search our pockets and our backpacks,” Kirby said.