Yearly Archives: 2016

DUI's, CPS and the Law

DUI’s are no doubt serious, but getting a DUI with a minor under the age of 16 in the vehicle is even more serious. Not only do the punitive consequences increase significantly, Washington’s Child Protective Services (CPS) will also get involved. This is so because RCW 46.61.507 requires that any time a person is arrested… Continue Reading »

The Deterrence Effect

As is becoming seemingly clearer by the day, DUI’s are a real ‘hot button’ in Washington State; the State of Washington is uber serious about reducing incidents of impaired driving. In fact, the Washington Traffic Safety Commission has specifically stated that it is working on ways to “increase impaired driving arrests” and “improve prosecution” of… Continue Reading »

Mandated Arrest and RCW 10.31.100

What many unassuming folks seem to be invariably shocked to find out is that, pursuant to RCW 10.31.100(2)(c), police officers responding to an incident of domestic violence are mandated by law to make an arrest if the officer has probable cause to believe that a domestic violence assault or other serious domestic violence offense took… Continue Reading »

DV 101

As is well known by Seattle domestic violence attorneys, law enforcement agents, in certain domestic violence situations, are required to make an arrest. In these situations, an officer will arrest the person whom he believes is the primary aggressor. Once the person is formerly charged with domestic violence, a judge often imposes a no contact… Continue Reading »

Drivers' License Suspension Leads to Blow-and-Go

When dealing with the consequences of a Washington state DUI what a layman may not quite understand is that part of any DUI sentence is the absolute requirement of obtaining and maintaining an ignition interlock device. The device, in layman’s terms, is called a ‘blow-and-go’ (hereinafter, “IID”). It is a device a driver has to… Continue Reading »

Benefits of a Plea Deal

We at SQ Attorneys have often been asked, ‘why would a prosecutor cut a plea deal on my case; why don’t I just plead guilty and get this over with?’ Although there may be several reasons a prosecutor may want to resolve a case rather than take the case before a jury, the most obvious… Continue Reading »

CDL at Risk when DUI

It is common knowledge that drivers of commercial motor vehicles must possess a special license entitled a ‘commercial driver’s license’ (commonly referred to as a ‘CDL’) in order to operate the commercial motor vehicle. What may not be so obvious, however, is that a DUI can impact a person’s right to possess and retain a CDL. In truth, a… Continue Reading »

Probation – Being Under the Court's Thumb

The law requires that you receive a set of penalties when convicted of a crime. Such penalties generally include fines and jail time. Many crimes, however, also include another penalty – probation. Probation essentially is a set of conditions that a defendant has to abide by for a period of time. They are issued by… Continue Reading »

How Success is Achieved

In Washington State there are commonly two ways a prosecutor tries to prove someone drove while under the influence of alcohol. First, they try to prove the defendant was DUI by the tried-and-true  ‘totality of the circumstances’; I refer to this as the ‘throw the bowl of noodles against the wall and see what sticks’ approach.… Continue Reading »

The Dreaded NCO

  As previously discussed in one of our many blog postings, under RCW 10.31.100(2)(c), if the police arrive within four hours of a domestic violence related 911 call, they must arrest at least one person. Thereafter, it is generally a ‘rubberstamp’ that a criminal charge will be filed against the arrested person. At the defendant’s… Continue Reading »