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.

Sometimes our indiscretions can follow us long into adulthood.  Good people sometimes make mistakes, and most of us learn from those mistakes and never make them again.

However, sometimes our past indiscretions can come back to haunt us.  Whether it is an employment application, housing application, or review for a military promotion; the presence of a misdemeanor conviction on your record could put you at a disadvantage when compared to someone with a “clean” record.

If you are an individual that has received a misdemeanor in your past and you have no subsequent criminal convictions, then you may qualify to have your conviction vacated.

If you have plead guilty to a misdemeanor, “vacated” means that the court will reopen your case and then dismiss the charge.  If you were found guilty of a negligent driving or a reckless driving, the court will set aside the conviction, dismiss your case, and vacate the judgment against you.  Not all misdemeanors qualify for this program.  For example, some convictions relating to domestic violence do not qualify.  A Washington State DUI conviction also does not qualify, however, if your DUI was reduced to either a reckless driving or negligent driving conviction, you may qualify to have this conviction vacated.

There are many qualifications to be eligible to have your conviction vacated (found in RCW 9.96.060).  The first hurdle is time.  Has it been 3 or 5 years (depending on the conviction) since you satisfied all court ordered requirements, including finishing treatment and paying off any fees or fines?  Secondly, during this time period have you had any other charges brought against you?

If you meet all the qualifications to have your conviction vacated, you can petition the court to have this done.  If successful, the conviction will be vacated from your record and you can legally say that you have no conviction for the vacated charge.  You will no longer need to disclose the conviction on applications and if anyone does a background check, the conviction will no longer appear on your record.   You will truly have a fresh start.

Do have a previous conviction that may qualify to be vacated from your record?  Do you have questions about DUI regulations in the State of Washington and you need the help of a top Seattle DUI lawyer?  Please don’t hesitate to call my office at (425) 422-5818.  Mark W. Garka – Attorney in the Greater Puget Sound Area

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

A few months ago it came to light that the Seattle WA DUI Squad’s Sergeant Abe may have been “rubber stamping” his officers DUI reports without actually reviewing them as Department policy required (See my prior post “Seattle DUI Arrests – Are The Officers Just Rubber Stamping DUI Cases?”).  In the subsequent months the Department’s Office of Professional Accountability (OPA) has conducted an investigation of both the Sergeant and the Officers on the Seattle DUI Squad.

There were three Officers under investigation by the OPA.  All three Officers were cleared of misconduct charges because the OPA investigation found that for the past 20 to 25 years preapproving arrests had been the general practice.  However, the three officers were nevertheless ordered to undergo supervisory counseling and training for violating the Department’s policy.

The investigation of Sergeant Abe was much more severe.  Sergeant Abe was a veteran of nearly 33 years with multiple commendations and only one previous listed disciplinary reprimand.  However, the OPA found that the Sergeant has had a decline in performance with the DUI Squad.  The OPA noted career, family, and personal difficulties leading to this decline.  After a full review, the OPA recommended a demotion and termination of Sergeant Abe.  Upon the OPA’s findings, Sergeant Abe retired from the Seattle Police Department.

The moral of this story is that we all have to follow the rules.  From a civilian having to follow the rules of the road to a police officer having to follow the administrative rules of the department; none of us are above the rules.  This situation highlights that even in a DUI arrest; the police are still held accountable.

If you have been accused of a Seattle WA DUI, then you need a Seattle DUI lawyer.  If you or a loved one have been accused of a DUI 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.

THINK AND ACT BEFORE YOU DRINK AND DRIVE

While it is not illegal to drink and drive, many jurisdictions are arresting adults who have a blood/breath alcohol content below the legal limit.  In other words, some police officers are very tough on ANY DRINKING AND DRIVING.  Knowing this, what if you had information on where police officers were arresting drivers on any given night.  If you had known that a DUI patrol was focused on your neighborhood, you may not be searching the yellow pages for a DUI lawyer right now.  The Washington Traffic Safety Commission (WTSC) is now providing you with valuable information about the location of DUI patrols.

A new website launched by the WTSC  allows you to see where and when DUI patrols are being increased.  By going to www.watikileaks.com you can choose your County and see a list of areas and dates that will be the focus of increased DUI patrols.  Currently only 3 counties are participating (King, Pierce and Snohomish), but the WTSC hopes to eventually have every County participating in this program.  The goal of this program is to give drivers more information so that they can make an informed decision about getting behind the wheel and driving.

With DUI regulations in the State of Washington getting tougher and tougher, knowing how to avoid this situation is sometimes the best option.

Do you want to avoid a DUI conviction in Washington State?  Don’t Drink and Drive.  However, if you do find yourself in a position where you need to know more about Washington State laws regarding DUI or you are faced with a recent DUI arrest, please don’t hesitate to call my office at (425) 422-5818.

A recent addition to Washington State DUI laws requires the police to impound your car and not release it from impound for at least 12 hours.

This additional penalty for being arrested for Driving Under the Influence is mandated by a new law titled “Hailey’s Law.”  The Hailey for which this law is named,  is a woman who was seriously injured by a driver that, after being arrested for DUI earlier in the morning, got back into her car and caused the accident while still under the influence of alcohol and/or other substances.  Hailey subsequently sued the Washington State Patrol and Whatcom County and was awarded a jury verdict of $5.5 million.

With this new law, after an individual is arrested for a DUI the police will often release the individual either to another adult or on their own recognizance.  This law seeks to protect the public from the intoxicated individual after the arrest by not allowing them to retrieve their car from impound for at least 12 hours.

While there seems to be no exceptions to the mandatory impound, there are three exceptions to the 12 hour requirement.  First, if the vehicle is owned by someone other than the individual arrested, the owner may retrieve the vehicle without waiting the 12 hours.  Second, a registered co-owner, other than the individual arrested, may retrieve the vehicle.  And third, if the vehicle is a commercial or farm vehicle, the legal owner, if different than the individual arrested, may retrieve the vehicle.

If you have any questions about Washington State Laws regarding DUI or Washington DUI Penalties, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com to speak to a Washington DUI Attorney.

Recently it came to light that a Seattle Police Patrol Sergeant (yet another blemish on the Seattle Police Department) was arrested by a Washington State Patrol Trooper for a DUI.  For the full story, see the following link:  http://seattletimes.nwsource.com/html/localnews/2014809140_copdui19m.html

The moral of this story is: If you drink, and if you drive, you CAN be arrested for a DUI.

Of particular importance in this DUI is that the officer’s Breath Alcohol Level (BAC) was measured at .069 and .075 according to the DataMaster (Washington State’s current breath testing machine).

Did you know that you can still be arrested for DUI and be BELOW the legal limit of .08?  You bet you can if the arresting officer believes you are under the influence of alcohol. Bad driving, failing the Standardized Field Sobriety Tests (SFSTs) and other non-standardized tests, and the officer’s observations can lead to a conviction of a DUI even if you are below the legal limit of .08.

Do you want to avoid a DUI conviction here in Washington State?  Don’t Drink and Drive.  However, if you do find yourself in a position where you need to defend yourself of an officer’s accusation of DUI, please don’t hesitate to call my office at (425) 422-5818.

Mark W. Garka

www.washington-dui.com