Monthly Archives: June 2023
Safely Off the Roadway?
When does the affirmative defense of ‘safely off the roadway’ apply? Well, it doesn’t apply to the crime of driving under the influence (RCW 46.61.502), which surprises some people. It only applies to being in physical control of a motor vehicle while under the influence (RCW 46.61.504). According to WPIC 92.15, ‘safely off the roadway’… Continue Reading »
What Happens in Juvenile Court?
Criminal defendants who haven’t quite reached the age of majority go through a different criminal justice system than the one most people are familiar with. The idea behind having a separate juvenile justice system for minors who commit crimes is that they’re young and have a better chance at straightening out their lives than do… Continue Reading »
Seattle Graffiti Acceptable?
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Should I Take the Breathalyzer ?
Should you take a Breathalyzer or not? This can be a difficult question to consider when being questioned by a police officer. The law of implied consent and blood alcohol content (BAC) testing varies from state to state. Generally, as a condition to obtaining a driver’s license, a driver has to consent in advance to… Continue Reading »
Seattle’s Community Court – What Now?
Seattle’s Community Court has gone the way of the dinosaurs. It only took about 2.5 years to meet its demise. Community Court was meant to quickly resolve low-level misdemeanor cases, connect defendants to social services and require public restitution by way of community service. The court was premised on the idea that eligible defendants would… Continue Reading »
Civilian DUI v. Military DUI?
If you’re facing a civilian or military DUI, the charges could impact both worlds. When a service member is charged with a DUI on a military installation, she may be subject to an Article 15 or court martial process. Being charged with drunk driving off base could impact you on base as well. If local… Continue Reading »
What About Drug Possession and Public Use?
So what happens now that the Seattle City Council rejected the most recent drug prosecution bill? The legislation would have adopted into the City’s criminal code Washington state’s recent law criminalizing drug possession and making public use of it a gross misdemeanor. Gross misdemeanors are generally handled by district and municipal courts in and… Continue Reading »
Can a “Mall Cop” Arrest Me?
We have all seen security guards patrolling malls who are some times referred to as “mall cops.” Have you ever wondered what exactly are the legal rights of security guards in malls and stores to detain you after an alleged crime has been committed? Generally speaking, private security guards do not have the same authority… Continue Reading »
Is Day Reporting in the Cards?
What is Bothell Municipal Court’s Day Reporting program? In 2021 Bothell Municipal Court began offering alternatives to jail in some cases. One such alternative is Day Reporting. It is hugely beneficial because it allows folks the opportunity to avoid being put behind bars. No one wants to spend time in jail. Especially the Snohomish… Continue Reading »
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