Archive for the ‘Consequences of a DUI’ Category

For as long as there has been an age limit on drinking alcohol, there have been underage kids trying to get their hands on alcohol. They have used fake ID’s, older friends to buy it, and many other tactics to get around Washington State’s liquor laws. Some have even turned to alternative products that contain alcohol. Over the years, kids have consumed mouthwash, cough syrup, and vanilla extract, all in the pursuit of a buzz. There is now a new product that kids are consuming, hand sanitizer.

Recently six teenagers ended up in a Los Angeles ER with alcohol poisoning after consuming hand sanitizer (for more info. See http://seattletimes.nwsource.com/html/nationworld/2018054762_sanitzerdrunk24.html). These teenagers have figured out a way to distill hand sanitizer into its pure alcohol form. The result is a 120 proof alcohol that is then consumed. A few drinks of this concentrated alcohol can result in a high enough blood alcohol level to get someone arrested for a DUI in Washington State. Health officials want parents to become aware of the potential risk that hand sanitizers can pose and urge them to switch to the foam based hand sanitizers.

If you are a minor or know one that has been accused of Everett WA DUI (or Minor DUI, or Minor in Possession of Alcohol), you need an Everett WA DUI lawyer. If you need help and are not represented by counsel you can reach me at (425) 422-5818 or visit my website at www.washington-dui.com. Mark W. Garka

In 2010, 170 people were killed by impaired drivers. More people were killed by impaired drivers than by slaying. The reality of these numbers have prompted Washington State Prosecutors to introduce a bill in the 2012 Legislative session to increase the penalties of Vehicular Homicide and Assault, specifically including those involving alcohol.

This new bill would increase the minimum and maximum penalties for Vehicular Homicide (DUI), Vehicular Assault (DUI), Vehicular Homicide (reckless manner), and Vehicular Homicide (disregard for the safety of others). The most significant increase proposed by the bill would be for a Vehicular Homicide DUI. The bill proposes to increase the penalty from a minimum sentence of 2.5 years to a minimum sentence of 6 years and from a maximum sentence of 3.5 years to a maximum sentence of 8.5 years. The stated intent of this drastic increase is to be a deterrent to those who are considering getting behind the wheel after consuming alcohol.

For more information see the Seattle Times article: http://seattletimes.nwsource.com/html/localnews/2017113813_duilaw29m.html

The penalties for alcohol related offenses are continuously evolving. The cost of a DUI in Washington State can be steep, especially without the help of a skilled attorney on your side.

If you have questions about a Washington State DUI and its consequences, you need to contact an attorney skilled in the Washington State DUI process. If you are not represented by counsel, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com Mark W. Garka

Yet another major drinking holiday, Saint Patrick’s Day, is fast approaching. On March 17^th don’t forget to wear your green and, if you plan on consuming alcohol, don’t forget to” plan ahead.  As with past holidays, (see prior blog “Enjoy the Holiday Season Safely, Don’t Drink and Drive!” http://washington-dui.com/wa-dui-blog/dui-attorney/enjoy-the-holiday-season-safely-dont-drink-and-drive/) King County is increasing their DUI patrols.

As a part of Washington State’s Target Zero plan (see prior blog “DUI – Target Zero Teams Are On The Road – Consider Yourself Warned! http://washington-dui.com/wa-dui-blog/2010/08/), King County is increasing their DUI patrols in an attempt to prevent alcohol related driving fatalities and serious injuries.  Last year, the increased DUI patrols resulted in 310 people being arrested between March 11^th and March 20^th (for more information see http://kent.komonews.com/news/crime/727054-police-prepare-st-patricks-day-patrols)

So whether you are staying in for the holiday or going out, be safe and plan ahead.  The best way to avoid a King County WA DUI is to not drink and drive.  If you do decide to consume alcohol this Saint Patrick’s Day, either appoint a designated driver or keep the number of Taxi Cab company on hand.

Have you been accused of DUI and are not represented by counsel?  You need the help of an experienced King County DUI attorney.  Please don’t hesitate to call my office with questions about the WA State DUI process, or any other questions you may have.  You can reach me at (425) 422-5818 or visit my website at www.washington-dui.com.

Vacationing is supposed to be a time to relax, recharge, and have some fun.  But that can be cut short if you happen to have one misdemeanor or felony on your record and your destination is Canada.  The Canadian Government has the right, and regularly exercises that right, to refuse entry into their country to anyone that has committed or been convicted of a crime.  The Canadian Government, on their Government website, specifically identifies a DUI as a criminal conviction that will probably result in being denied entry into Canada.

This hard line position that Canada has taken has had a negative impact on the Canadian economy, specifically through tourism.  Even if a Washington State DUI conviction was a decade ago, an individual may still be denied entry; Canada puts no time frame on how far back they look.  Because of this impact, many Canadians in the tourist industry have petitioned their government to reduce the barriers to Americans seeking entry into their Country.

As of right now, if you have a previous conviction on your criminal record there are still some ways that you can overcome this inadmissibility and gain entry into Canada.  See http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#5312E3 for a list of ways to gain entry.

In addition to the ways listed on the above website, you can also apply for a temporary resident permit.  See http://www.cic.gc.ca/english/information/inadmissibility/permits.asp for details.  This permit limits the amount of time you can stay in Canada and it is only granted in exceptional cases.  Recently, many blogs and newspapers in Canada have reported that a shift is coming in border crossing practices beginning March 1, 2012.  This shift will focus around the granting of the temporary resident permit.

According to the blogs and newspapers, it will become easier to obtain this permit and therefore easier to gain entry into Canada.  According to the Canadian consulate, the change will focus mainly around the fee charged for the permit, not the reasons the permit is issued, and those looking to gain entry should still apply for the permit at least 6 months in advance.

The Canadian government has not released any specific information on how this shift will actually affect travelers.  So for the time being, we will be watching the boarders to see how this shift affects the border guards discretion in allowing persons with any criminal history entry into Canada.

Do you have questions about how your DUI in Washington State can restrict your travel? Have you been accused of a DUI in Seattle Washington and are not represented by counsel?  Do you need a Washington State DUI attorney.  Please don’t hesitate to call the Law Office of Mark W. Garka, PLLC at (425) 422-5818 for help.

A DUI can happen to anyone.  You go out for some drinks, have a nice time, and decide that you are going to get behind the wheel and drive home.  The unfortunate effect of alcohol is that sometimes it alters our perception; including our perception of our own ability to drive.

Making the choice to drive after consuming alcohol could result in being pulled over by the police and later charged with a DUI.  Think this won’t happen to you, check out my prior blog “53 Arrests in 2 days – The Return of Snohomish County DUI Patrols”:  http://washington-dui.com/wa-dui-blog/dui-attorney/53-arrests-in-2-days-the-return-of-snohomish-county-dui-patrols/

A DUI can happen to anyone, regardless of age, sex, or occupation; even to a police officer.  This was all too apparent to John Fox, a veteran of the Seattle Police Department that was charged with a DUI after causing a four car accident in Mukilteo back in October.  Unfortunately, John Fox’s incident did not serve as enough of a deterrent to fellow Seattle Police Sergeant, Joe Fountain.

Sergeant Fountain was arrested last weekend for suspected DUI.  Sergeant Fountain was observed driving a unmarked Seattle Police Department vehicle, and subsequently pulled over, for committing a series of traffic infractions.  The officer conducting the stop recognized the Sergeant, and recognized that possibly he was intoxicated, and notified the Washington State Patrol to come and take over the investigation.  Sergeant Fountain was later arrested for DUI.  There is no indication that Sergeant Fountain was on duty at the time of the incident, however the Sergeant has been transferred pending an investigation by the Seattle Police Department.  While Sergeant Fountain was arrested for suspected DUI, it is unknown at this time if he will be officially charged with a DUI by the City or State Prosecutors.  For more information see: http://today.seattletimes.com/2012/02/seattle-police-sergeant-arrested-for-dui/

It just goes to show you that no one gets a free pass in Washington State.  Whether you are a regular citizen, a politician, or a police officer, you still must abide by the Washington State DUI laws and their consequences.

Do you have questions about the Washington State DUI process? Have you been accused of a DUI in Seattle Washington and are not represented by counsel?  You need a Washington State DUI attorney.  Please don’t hesitate to call my office at (425) 422-5818 for help.

In the interest of having a transparent government, every citizen has the right to request and receive copies of any public record held by a government agency.  A public record, as defined by RCW 40.14.100, is basically any document that is maintained by the government entity, be it in the form of data, email, written, picture, or any other source.  In the case of a DUI in WA, it could pertain to the other DUI stops that the same officer has made so that your Seattle WA DUI Lawyer can look for inaccuracies.  However, there are exemptions from this rule, and this is where a lot of litigation takes place.

Recently a lot of litigation has centered over what a police department has to turn over when a public records request has been made.  The Seattle Police Department (SPD) has refused to turn over internal documents relating to the investigation of excessive force by their officers because it violated the officer’s right to privacy and would hinder effective law enforcement.  However, this defense did not work in a recent case involving a 72 year old man who claims that the SPD used excessive force when detaining him and transporting him to a hospital.  The judge found that the internal investigation did qualify as a public record and that the interest of the officer’s privacy and the hindrance of effective law enforcement did not exempt the documents.

The real kicker here is that when a plaintiff wins a public record litigation, the judge can order the government agency to pay fines per day for withholding the documents and to pay attorney’s fees.  In this case that amount has added up to about $129k with another $20k pending.  The unfortunate end to this case is that the burden of this cost really falls to the taxpayers to cover.  Every citizen has a right to public documents and when they are not turned over, a right to use the court system to force the government agency to turn them over.  Unfortunately, the fines that are incurred because of a delay in turning the records over are on the shoulders of all of us taxpayers.

Have you been accused of DUI and are not represented by counsel?  Please don’t hesitate to call my office regarding your options for first DUI in Washington State, questions about the WA State DUI process, or any other questions you may have.  You can reach me at (425) 422-5818 or visit my website at www.washington-dui.com.

Washington State laws regarding Driving Under the Influence (DUI) are some of the strictest in the country, and they may be getting even tougher.  A DUI Task Force meeting recently discussed several proposals aimed at increasing the penalties for an array of DUI related offenses.  Most notable is a proposed increase in penalties for people who are convicted of DUI with children in the vehicle.

The specifics of this proposal are not yet known; however other states have made similar proposals that increase the penalties for DUI if anyone in the vehicle, other than the driver, is under the age 16.  The presumption is that the minor does not have the option of not getting into the vehicle with the intoxicated person.

In Washington State you can currently be charged with Reckless Endangerment (in addition to DUI) if you choose to drive intoxicated with another person in the car.  So, the increased penalties for driving with a child in the car would likely be increasing the potential jail time and fines for a DUI charge in addition to any other charges the State decides to file.

If you have any questions about your Seattle DUI case, and are not represented by counsel, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com Mark W. Garka

It’s that time of year again.  The holiday season is upon us, the kids are on break from school, the in-laws are visiting, and Snohomish County has increased their DUI patrols.

Snohomish County’s DUI Target Zero task force increases their presence during the holiday season, specifically in the Lynnwood and Mill Creek areas.  The Lynnwood and Mill Creek area have typically seen the most DUI related collisions, so they also receive the majority of the increased DUI patrol presence.  For more information on the Target Zero Team, see my prior blog post at: http://washington-dui.com/wa-dui-blog/dui-attorney/dui-target-zero-teams-are-on-the-road-consider-yourself-warned/

Over the weekend of December 16^th and 17^th the DUI task force arrested a reported 53 impaired drivers throughout Snohomish County.  This increased number is due in part to the utilization of the Mobile Impaired Driving Unit (MIDU).  The MIDU is a mobile unit that allows the officers to turn the driver arrested for DUI over to the MIDU instead of having to return to the station.  The MIDU then administers the official breath test and possible booking.  The use of the MIDU allows the officers to get back on the street much faster.

With this increased presence of DUI patrols, be safe, and don’t consume alcohol if you are going to get behind the wheel of a vehicle.  The cost of a DUI in Washington State is much more than the cost of cab ride home.

Have you been accused of drunk driving in Snohomish County WA?  You need to contact a Snohomish County WA DUI attorney.  If you are not represented by counsel, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com.  Mark W. Garka

In the interest of having a transparent government, every citizen has the right to request and receive copies of any public record held by a government agency.  A public record, as defined by RCW 40.14.100, is basically any document that is maintained by the government entity, be it in the form of data, email, written, picture, or any other source.  In the case of a first or second DUI in WA, it could pertain to the other DUI stops that the same officer has made so that your Seattle WA DUI Lawyer can look for inaccuracies.  However, there are exemptions from this rule and this is where a lot of litigation takes place.

Recently litigation has centered over what a police department has to turn over when a public records request is requested.  The Seattle Police Department (SPD) has refused to turn over internal documents relating to the investigation of excessive force of their officers because it violated the officer’s right to privacy and would hinder effective law enforcement.  However, this defense did not work in a recent case involving a 72 year old man who claims that the SPD used excessive force when detaining him and transporting him to a hospital.  The Judge found that the internal investigation did qualify as a public record and that the interest of the officer’s privacy and the hindrance of effective law enforcement, did not exempt the documents.

The real kicker here is that when a plaintiff wins a public record litigation, the Judge can order the government agency to pay fines per day for withholding the documents and to pay attorney’s fees.  In this case, that amount has added up to about $129k with another $20k pending.  The unfortunate end to this case is that the burden of this cost really falls on the taxpayers.  Every citizen has a right to public documents and when they are not turned over, a right to use the court system to force the government agency to turn them over.  Unfortunately, the fines that are incurred because of a delay in turning the records over are on the shoulders of all taxpayers.

Have you been accused of DUI and are not represented by counsel?  Please don’t hesitate to call my office regarding your options for first DUI in Washington State, questions about the WA State DUI process, or any other questions you may have.  You can reach me at (425) 422-5818 or visit my website at www.washington-dui.com.

The end of the year is packed with celebration from Thanksgiving to Christmas to New Years; there is a lot to celebrate.  There are a lot of parties, a lot of family functions, and there may be a lot of drinking as well.  Washington State has taken notice of the increase in drinking and driving incidents during the holidays and has taken measures to increase road safety.

Beginning the Thursday before Thanksgiving and extending through January 2^nd, Snohomish County will have increased DUI patrols.  According to the Everett Herald, last year’s increased DUI patrol and regular patrols during the same time frame resulted in 409 people being arrested for DUI.  This increase in awareness was spurred by the reality that there has been a fatal accident caused by an impaired driver on the Sunday after Thanksgiving for the past two years.  The accident in 2009 resulted in an intoxicated driver colliding with another vehicle and killing the 4 people in that vehicle.  The accident in 2010 was a single car accident that resulted in the death of the driver.  This, in addition to statistics showing nearly 1200 deaths between 2006 and 2010 involving impaired driving has solidified Washington State’s increased awareness and focus on preventing DUI related incidents.

For the Herald news story, click the following link:  http://www.heraldnet.com/article/20111125/NEWS01/711259852/0/news01

Be extra safe this holiday season and if you decide to drink, don’t get behind the wheel.

Visit my website at www.washington-dui.com if you have any questions about your Lynnwood WA DUI case. If you know of a loved-one who is been accused of a DUI, and they are not represented by counsel, you need a Washington State DUI attorney.  Please don’t hesitate to call my office at (425) 422-5818 for help.