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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

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.

As an individual accused of the crime of Driving Under the Influence (DUI), you are afforded a great deal of rights under our legal system; the right to remain silent, the right to council, the right to a trial, etc.  Unfortunately the right to remain out of custody is not one of those guaranteed rights.

In the instance of a DUI, once the Prosecutor files charges, you receive an arraignment date to appear before the court with a summons.  At this appearance the Prosecutor will present the charges against you and the Judge will both review the charges and either impose conditions upon you if you wish to remain out of custody or take you into custody and set bail.  These conditions can vary from court to court and depend in part on your criminal history.

The following is a list of standard or normal DUI conditions.  Many courts will impose these conditions on anyone who is charged with a DUI.  Courts typically have their own specific conditions they use, but most will be a combination of all or some of the following:

• Do not commit any violations of any law;
• Keep the clerk of the court advised of your current address;
• Do not drive without a valid license and proof of insurance;
• Do not possess or  consume alcohol or a non-prescribed controlled substance;
• Do not refuse to submit to a breath or blood sample to determine its alcohol content if required by a police officer (this typically does not include the Portable Breath Test (PBT);
• No Blood Alcohol Concentration (BAC) result of .08 or more;
• Do not drive within 24 hours after use of alcohol or mood altering drugs.

The court does have the power to further restrict your freedom if they feel that you are either a safety risk to yourself and/or to the public.  Many times the court will base this decision on the specific facts involved in the charge (if violence was involved, breaking conditions previously set by the court, etc.) and/or your criminal history (previous DUIs or other drug/alcohol related offenses).  In these cases the court will typically impose one or all of the following (in addition to the above standard conditions):

• The defendant shall not operate any motor vehicle without an approved ignition interlock system;
• The defendant is required to wear a SCRAM bracelet;
• The defendant may not leave the State of Washington;
• The defendant may not frequent any establishment whose primary business is to sell alcohol.

In the most extreme cases the court has the power to deny you your freedom entirely unless you post bail in the amount set by the court.  In those cases, even if you do post bail, the court may require you to adhere to any or all of the above conditions.

Are you facing a DUI charge in Washington State?  Don’t  hesitate to call my office at (425) 422-5818.

Mark W. Garka

www.washington-dui.com

Sgt. David Abe of the Seattle Police Department spent the first 30 years of his police career without taking a sick day.  He earned commendations and promotions because of the hard work and dedication that he displayed.   The height that his career reached in 30 years took a dramatic turn for the worst during the last 3 years.

When Sgt. Abe was transferred to the Seattle WA DUI squad a few years back, he contested the late career transfer.  With the transfer happening anyway, Sgt. Abe began a downward spiral that would end in his resignation.  During that time period Sgt. Abe was personally dealing with gout, a painful form of arthritis, as well as taking care of his ill brother who has since passed away.  During his time with the DUI squad Sgt. Abe was known to be hard to locate and has admitted to taking as many as four prescriptions that advise the patient not to work or drive while taking.  An internal audit also questioned whether or not Sgt. Abe was working the hours that he was being paid for.  In 2010 Sgt. Abe was paid $108,034 in regular pay and an additional $49,691 in overtime pay.

With Sgt. Abe’s resignation this hopefully closes the chapter on the rubber stamping (See my prior post “Seattle DUI Arrests – Are The Officers Just Rubber Stamping DUI Cases?”) of DUI arrests in Seattle.  However, we must be mindful that police officers and even Sergeants are people to.  And that means they can make mistakes just like anyone else, and must be held accountable just like anyone else.  DUI regulations in the state of Washington are very strict, and the rules that govern those that enforce the regulations must be strict as well.

If you have questions about the WA State DUI process, 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.

Our men and women of the armed services are entrusted with the great responsibility of protecting our nation, our citizens, and our way of life.  This responsibility is accompanied by a long list of requirements that those not in the armed services do not have to worry about.  In addition to following the same laws that a regular citizen must follow, an individual enlisted in the military must also adhere to a set of regulations specific to the military.

The Uniform Code of Military Justice (UCMJ) is federal law and applies to both criminal and noncriminal activities that a member of the military may have participated.  Specifically, if an individual in the military gets arrested for a DUI, they may face repercussions both from the state or city as well as repercussions from the military.  These military repercussions could have a severely negative effect on the person’s career or advancement opportunities within the military.  These consequences, as well as future deployment, may push an individual into pleading guilty to a DUI in Washington State quickly so as to avoid their military unit finding out about the DUI arrest.

There are specific concerns to be aware of if you are a member of the military and accused of a DUI.

What additional punishments could you face?  How could this affect your career?  What options are there if this is your first DUI in Washington State?

Are you accused of a DUI in Washington State and worried about how a conviction could affect your military career?  Mark W. Garka can answer these questions.

If you have questions about your Washington State DUI and you are not represented by counsel, please don’t hesitate to call my office at (425) 422-5818.

Mark W. Garka

www.washington-dui.com