Monthly Archives: January 2015

DV Consequences go Beyond Jail and Money

A conviction for a crime involving domestic violence can, and will, have significant detrimental consequences. This includes consequences that go beyond just the uncomfortable prospect of jail time and hefty fines. They can include matters involving child custody, voting rights, 2ndAmendment rights, and applications for employment and immigration. The consequences can also criminalize certain actions… Continue Reading »

New Bill Would Make 4th Offense DUI a Felony

Washington state lawmakers are revisiting an idea to make a driver’s fourth drunken-driving conviction within 10 years a felony. Under current Washington law, a felony DUI charge applies only if a driver already has been convicted of DUI four times in the previous decade. That’s the highest threshold among the 45 states that have laws… Continue Reading »

What is the PBT Good For?

Recently it seems that some people are confused about what a ‘portable breath test’ (“PBT”) given on the scene of a DUI traffic stop is used for. It appears that some folks think that a PBT can be used against them to prove that they are actually driving under the influence, and that if they refuse/… Continue Reading »

Bill Would Toss Past Marijuana Convictions

Lawmakers on Friday considered whether adults will be able to have misdemeanor convictions for marijuana possession thrown out if they were over 21 at the time of the offense. The House’s Public Safety Committee began weighing a bill by Democratic legislators that would allow misdemeanor convictions for possessing 40 grams or less of marijuana to… Continue Reading »

DUI Patrols Continue

As many folks may have known (as it was made clear by commercials and electronic road signs), on November 25, 2014 law enforcement agencies throughout Washington State commenced conducting DUI emphasis patrols through the beginning of 2015. Although the ‘emphasis patrols’ may no longer be in effect, don’t be fooled. Law enforcement is out in full force in effect; mounting a… Continue Reading »

Beware: Third Party Contact is Still Contact

If a person has an active No Contact Order (‘NCO’) in place they would be wise not to violate it. A violation of a no contact order is a crime in Washington State, and an NCO can be violated even if contact with the ‘protected person’ is through a third party. Such was the case… Continue Reading »

Washington and Colorado Share Legal Weed Lessons

Don’t worry about a federal lawsuit. But do worry about tax rates. Those are among the many lessons Colorado and Washington have to share from the front lines of America’s marijuana experiment. LESSON ONE: DON’T BE TIMID Public officials in the pioneering marijuana states were flat-footed when voters made pot legal. At first waiting for… Continue Reading »

DV Appeals Tough

A recent Washington Court of Appeals, Division One case reflects that successfully appealing jury convictions is pretty darn difficult in domestic violence cases. In Washington v. Bato a prosecutor’s repeated references during closing argument to facts outside the record (clearly prosecutorial misconduct) apparently did not warrant a new trial. In the Bato case, the alleged… Continue Reading »