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We are moving to DUI Blog 2.0. This move happened the same time Washington State DUI re-launched with a new look and feel. We improved website navigation and added important content. Now there is DUI information about Minor DUI and the impact upon a Commercial Driver's License. Visit our new DUI Blog and update your RSS feed subscriptions today!

DUI Pretrial Conditions of Release Restricted by Court Ruling

The Washington State Court of Appeals issued a ruling recently restricting district and municipal court judges from imposing certain conditions of release for DUI defendants.

It is typical for judges to impose the following conditions of release at an arraignment hearing for those charged with DUI:

Complete a substance abuse evaluation from an approved agency;
Attend 1 to 7 AA self help meetings per week;
and for some repeat offenders or egregious cases
House Arrest;
Weekly meetings with the probation department.

The arraignment is an opportunity for the defendant to receive notice that the government is filing criminal charges. It is also an opportunity for the defendant to make a plea to those charges. It is always recommended to plea not guilty until you have discussed all the options with an attorney.

Once a defendant enters a plea of not guilty at the arraignment hearing, the judge then must determine two things. Is the defendant a flight risk and is the defendant a danger to the community. If the judge determines a defendant is a flight risk or a danger then bail can be imposed. If the defendant cannot post bail the defendant will be held in jail until his case concludes. This could mean at least 2 or more months in custody.

Judges were also allowed to release the defendant without bail, but they would require the defendant to adhere to conditions of release. Many of those conditions are listed above. The Washington State Court of Appeals ruled these conditions before a finding of guilt are unconstitutional and violated court rules.

I do not condone drinking and driving and I do not support relaxing the DUI laws. However, our constitutional demands a presumption of innocence until guilt is proven beyond a reasonable doubt by the government. House arrest is confinement. Seeking evaluations is costly. This is not how an "innocent" person should be treated.

That being said, a competent attorney will advise their client to seek the evaluation immediately. A competent attorney will also require their client to attend a victim impact panel and sometimes attend AA no matter what the court recommends.

This ruling might be a blow for safeguarding community safety, but it might also generate support for mandatory interlock devices in every vehicle operated in the United States. This is the clear solution for eradicating DUI, alcohol related automobile accidents, and death from these accidents.

Seahawks' Jerramy Stevens Arrest for DUI & Marijuana

Scottsdale, Arizona - March 13, 2007.
Jerramy Stevens is known for big catches and for big time drops in the NFL and among Seattle Seahawks fans. Jerramy Stevens is also known for Driving Under the Influence and being arrested by police. In 2001, Jerramy Stevens was arrested for Hit and Run of Property. Stevens decided to drive his vehicle into a building and then flee the scene. It was not clear whether alcohol or drugs were involved.

In 2003, Jerramy decided to drink and drive through Medina, Washington with a two open bottles of champagne in the vehicle. Stevens spent some time in jail for this matter.

You can rely upon Jerramy to make either a play making catch or drop a game losing pass. Now we can rely upon Jerramy Stevens Driving Under the Influence. On March 13, 2007 police in Scottsdale, Arizona noticed Stevens make a U-turn. Jerramy demonstrated difficulty operating his vehicle by swerving frequently.

During the traffic stop the police officers detected evidence of alcohol consumption. Jerramy's eyes were "bloodshot and watery," he spoke in, "slow, slurred speech." Stevens also had difficulty maintaining his balance while just standing. Admitting to consuming 4 or 5 margaritas did not help his case either. A margarita is not one drink per hour.

Jerramy further made his situation worse by possessing marijuana. Stevens must have forgotten that when you are arrested you are searched by the police. Stevens left a baggy of marijuana in his back pocket. Jerramy was then taken to the police station for further processing.

At the police station Jerramy refused to submit to a breath test. Police officers got a warrant and Stevens was forced to provide a blood test. Blood tests are more accurate than a breath test, and blood tests will list any drugs in Jerramy's system. A breath test cannot detect drug ingestion. Jerramy Stevens will appear in court for an arraignment on April 2.

The Seattle Seahawks made a brilliant move by signing Marcus Pollard of the Indianapolis Colts the same day Jerramy Stevens was arrested for DUI. Marcus Pollard is a solid tight end and was a red zone target for Peyton Manning. Marcus may not be as agile and fast as Stevens, but I welcome Marcus as a Stevens replacement.

Hopefully, the disgraceful former University of Washington Husky will be moved by the Seattle Seahawks. By the way we did not even mention Jerramy's legal problems while attending Udub. That issue was much more serious and heinous.

Ray Liotta Arrested for DUI

February 17, 2007 - Los Angeles, California.

Ray Liotta had an eventful evening on February 17. Ray Liotta allegedly drove his motor vehicle into a couple of parked cars. When police arrived they arrested Liotta on suspicion of Driving Under the Influence. Liotta was placed into custody around 8:30 p.m. on Saturday night.

Liotta did not spend the night in jail, but posted $15,000 bail before released. Liotta will have a court appearance next month.

No one was injured in the car crash and Liotta was alone in his vehicle.

Tracy Morgan Pleads Guilty to NY DWI

February 14, 2007 - New York, New York.

Tracy Morgan, former SNL star and current 30 Rock star, pleas guilty to DWI in Manhattan Criminal Court. This DWI criminal charge stems from an arrest on November 28, 2006. During this encounter with the police, Morgan smell of alcohol and failed a breath test.

The guilty plea will require Morgan to pay a $1,000.00 fine, complete a substance abuse program, and to complete some community service. The guilty plea triggered a six month driver license suspension as well. Upon completing all of these terms the DWI charge will be dismissed.

Tracy Morgan is quite fortunate and favored in our legal system. On December 2, 2005, Morgan was arrested for DUI providing a 0.13 breath test sample. Morgan entered into a plea agreement for that DUI charge and received a $390.00 fine, three years probation and was required to attend a substance abuse course.

This is not the norm. Do not expect to receive the treatment Tracy Morgan has received from the courts. Most first time offenders can avoid the harsh mandatory penalties of a DUI. Those arrested for a second offense within one year of their first arrest do not escape as lightly as Morgan. Those arrested for DUI twice within eleven months can expect a long visit to the county or municipal jail, long license suspensions, major fines, years of probation, exclusion from entering Canada, Ignition Interlock Device and much more.

USC Kicker Mario Danelo had a Blood Alcohol Level of 0.23

On January 6 in Los Angeles, USC Kicker Mario Danelo was found dead at the bottom of a cliff. Cause of death is still not established. However, the toxicology report revealed Mario Danelo's blood alcohol level was 0.23.

Fellow Trojan football players are certain Mario would not take his own life. At a blood alcohol level of 0.23 it is possible this was purely a tragic accident. A 0.23 BAL is three times the legal limit and solid evidence Mario was intoxicated.

Lane Garrison of Prison Break may be charged with Vehicular Manslaughter

Lane Garrison of the hit Fox TV show, Prison Break, might be headed to prison in real life. On December 2, 2006 Lane Garrison wrecked his Land Rover resulting in the death of his passenger 17 year old Vahaghn Setian. Two 15 year old girls were also inside Garrison's Land Rover.

Lane was required to provide a blood sample because a death occurred. The blood test results showed a blood alcohol level of 0.20 percent and the presence of cocaine. This most likely will lead to a litany of criminal charges:

* Vehicular Manslaughter
* Driving Under the Influence
* Contributing to the Delinquency of a Minor

A conviction for Vehicular Manslaughter would mean Lane Garrison might spend 10 years in prison.

It can happen to anyone. Do not drink and drive. Certainly do not ingest cocaine or other illicit drugs and drive. One day, instead of a DUI, you might cause someone death and be charged with Vehicular Manslaughter or Vehicular Homicide.

Washington State Attorney Referral - Seattle Lawyers

Washington State DUI Blog announces the launch of an Attorney Referral page on Washington State DUI Information.

The Attorney Referral page includes aggressive and experienced lawyers representing clients in various practice areas.

The Attorney Referral page has two sections. The first section includes Washington State attorneys practicing in the Seattle area and throughout the State of Washington.

The second section includes lawyers practicing throughout the United States. The Attorney Referral page will continue to grow providing the public an access to justice and representation.

Washington State DUI Information receives no compensation from any attorney listed on the Attorney Referral page. Washington State DUI Information does not certify any of the listed attorney's standing with their respective state bar association. To protect your interests ask questions before hiring any attorney.