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License suspended as a result of a DUI? Need to drive? Get an Ignition Interlock Driver’s License!

Horwath Law — Mon, 07 May 2012 16:11:10 GMT

An Ignition Interlock Driver’s License allows you to drive a vehicle equipped with an ignition interlock device while your regular license is suspended. An ignition interlock device does not allow the vehicle to be started if it detects alcohol in your system.

To be eligible for an Ignition Interlock License you must have been arrested or convicted of driving under the influence, physical control involving drugs or alcohol, vehicular assault involving drugs or alcohol, or vehicle homicide involving drugs or alcohol. Additionally, your last driver’s license has to have been issued by Washington State or you must be active duty military currently stationed in Washington State. You must also have a Washington State address. Last, your suspension must not include minor in possession, reckless driving, or habitual traffic offender.

Do you drive a work vehicle? Don’t worry! The ignition interlock requirement can be waived if your employer signs the appropriate waiver and declaration.

Always be careful when applying for an ignition interlock license because it can waive your right to contest your license suspension. Contact experienced DUI Attorney, Angela Horwath, so we can help you navigate the Ignition Interlock License process.

King County DUI Attorney avoids criminal conviction for her client

Horwath Law — Mon, 16 Jan 2012 22:49:46 GMT

Clients always want to know if it possible to avoid a criminal conviction after being arrested for DUI, in other words, “can I get this DUI dismissed?” The reality is, most of the time the answer is no. So I thought it would be nice to share with you one of the case that I resolved this week where we were able to accomplish just that.

Back in August an individual who had been arrested for DUI the previous night contacted me. She was very upset because a criminal conviction would likely lead to loss of employment for her. So we immediately contacted the prosecutor and provided a basis for them to charge her with Negligent Driving rather than the much more serious charge of DUI. He agreement meant that ½ of the battle had already been won because no matter what happened we could avoid a license suspension and had much more flexibility in negotiating the case. After a few more months of negotiation we came to an agreement to have the criminal charge of Negligent Driving in the 1st degree amended to the traffic infraction of Negligent Driving in the 2nd degree. While it was a roundabout way of getting the DUI “dismissed” the end result was favorable to my client because she ultimately avoided having a criminal conviction. While this result is not typical, it was a combination of my client’s immediate action contacting me, the facts alleged, and some creative negotiation strategies that led to the dismissal.

If you or someone you know has been arrested for DUI it is imperative that you contact a skilled King County DUI Attorney as soon as possible.

253 Drivers Arrested for DUI Over New Year’s Holiday Weekend

Horwath Law — Fri, 06 Jan 2012 18:49:24 GMT

Yesterday WSP released information that 253 people were arrested by Washington State Patrol Troopers for suspicion of of being impaired by drugs or alcohol over the New Year’s holiday weekend. The number of people arrested throughout Washington state for DUI by troopers over the holiday weekend decreased compared to the 286 people who were arrested for DUI in 2010. Of the 253 people arrested in 2011, 32 were involved in DUI collisions.
State Patrol Chief John R. Bastise had this to say about the numbers: “It is always the hope that the New Year starts with people driving safe and sober but, I am proud that our troopers our out ensuring impaired drivers are taken off the roads.”

If you or someone you know was arrested for DUI and would like to speak with a Tacoma DUI Attorney please call 253.906.0706 for a free consultation. The attorneys at Horwath Law are knowledgeable and offer a free consultation.

Horwath Law Has a New Location!

Horwath Law — Wed, 07 Dec 2011 02:02:15 GMT

Horwath Law is pleased to announce that we are moving to a new location! Construction is underway and our newly renovated office will be complete on December 15th (see a few pictures of the renovation process below). We will remain open throughout the move.

Please visit us at 1115 Tacoma Ave South in downtown Tacoma. Our new office will allow easy access from I5 and I705. We are also a short walk to the Downtown Tacoma Courthouse.

Enforcing the Laws, but Not Above the Laws

Horwath Law — Sat, 26 Nov 2011 01:51:44 GMT

Over the last month several Washington State police officer have been arrested for criminal charges. We though it wouldn't be a bad idea to see all those arrested in one place. On November 15, 2011, Yakima County Prosecutor, Jim Hagarty, was arrested for driving under the influence after a collision in Selah. Hagarty was elected to head up the Yakima County Prosecutor’s Office in 2008 and his arrest has raised some accountability questions among officials. Hagarty rear-ended another vehicle in the Union Gap area and upon arrival the officers immediately recognized him. Hagarty performed the preliminary breath test and his blood-alcohol concentration was 0.13 and his performance on the voluntary field sobriety tests suggested he was intoxicated. He was then placed under arrest and taken to the Union Gap police station. The breathalyzer machine was not working properly, so the officers transported Hagarty to the Yakima County jail to use its breathalyzer machine. In route, Hagarty was allowed to call his wife and his attorney, a local, well known criminal defense attorney. His attorney instructed the officers to seize from asking Hagarty any further questions. At Yakima County jail Hagarty’s blood alcohol concentration was .109. The police report indicates Hagarty was cooperative, but slightly intoxicated. Hagarty released a statement apologizing for his actions: “I sincerely regret this unfortunate incident, and am thankful that no one was injured. I regret the lack of appropriate judgment made by me in this situation.” He also stated he is “ready to accept responsibility and the consequences of my actions.” Hagarty was not booked into jail, but was released to the custody of his attorney.

On October 27, 2011, a Seattle narcotics detective was arrested for driving under the influence after rear ending a car causing a four car collision in Mukilteo. The detective was driving an unmarked police car and may have been on duty as he routinely conducts undercover surveillance during his off hours. Showing signs of being “very intoxicated” the detective was asked to perform a preliminary breath test, which he refused. He also refused the breath test at the police station. In the car, officers found at least six empty or nearly empty bottles of peppermint schnapps and vodka. The police car was impounded and the detective was booked and released. This is the detective’s second DUI and after defending his first DUI, he served one day in jail, paid a fine, and completed an alcohol education class.

On October 25, 2011, a Yakima police officer accused of driving under the influence plead guilty to a lesser charge of first degree negligent driving. The officer was sentenced to 90 days in jail, with 60 days suspended and 30 days to be served on electronic home monitoring. First degree negligent driving is a common reduction when the defendant has no criminal history and when the defense attorney points out legal issues with the case. The officer is expected to receive a month’s suspension from the Yakima Police Department.

On October 17, 2011, a Seattle Police Sergeant was arrested for fourth degree assault after he was seen dragging his girlfriend by her collar and hair in a Leavenworth parking lot. Chelan County sheriff’s deputies witnessed the incident and arrested the Sergeant, who identified himself as a police officer. The Sergeant is a 28-year veteran of the Seattle Police Department and was assigned to the domestic violence unit at the time. Following the incident, the Sergeant was arrested and booked into Chelan County Regional Justice Center where he posted $10,000 bond. He has been charged with fourth degree assault and a no contact order with the victim was issued after his arrest.

Hopefully these "mishaps" will give the officers arrested as well as their fellow officers a little more perspective. No one is perfect and everyone has the right to be treated fairly.

Recognized by Newsweek Magazine

Horwath Law — Tue, 22 Nov 2011 02:48:53 GMT

On November 21, 2011, our own, Angela Horwath, will be recognized by Newsweek Magazine for her hard work and dedication to the criminal defense community. Newsweek selected eight leaders across the nation to showcase in the magazine and Horwath is thrilled to receive the honor and recognition, "It's very exciting - I am honored." Horwath dedicates her practice to seeking justice for those accused of driving under the influence, assault, robbery, kidnapping. Growing up in Spokane, Horwath says a lot of things she learned as a young adult have carried over into her work as a criminal defense attorney.

Horwath says, “I learned early on that inherently good people can make bad decisions, that questioning authority and providing a vigorous defense can lead to a just result for someone accused of a crime.” Horwath has never veered away from taking the unpopular side of an argument and has spent her entire career representing defendants accused of crimes ranging from murder to petty theft. It comes as no surprise that Horwath would be recognized by Newsweek for her zealous advocacy for criminal defendants as she is viewed by her peers as being one of the best, young attorneys in the criminal defense community. Attorney Scott Lawrence had this to say about Attorney Horwath, "I had the pleasure of working for the same criminal defense firm as Ms. Horwath several years back. She is very organized and works hard for her clients. Ms. Horwath was a great resource to all of the attorneys in the office because of her weatlh of knowledge. I strongly endorse this attorney.

Horwath is committed to fighting the good fight and enforcing the Constitution for anyone accused of a crime

Halloween DUI Emphasis Patrols in King County

Horwath Law — Thu, 27 Oct 2011 00:01:48 GMT

The Washington State Patrol will be implementing DUI emphasis patrols throughout King County over Halloween weekend. Beginning on Friday, October 28th and continuing through the early morning hours of Sunday, October 30th, additional DUI patrols will be present throughout all of King County. Kent, Washington, will also see additional emphasis patrol starting Saturday, October 29th at 8:00 p.m. through Sunday morning at 4:00 a.m.

WSP has not forgotten those of you Hawk fans; Seattle will have a DUI emphasis patrol in the downtown area during the Seattle Seahawk game on Sunday, October 30th.

Court Says No to Cop Stopping for BS Reason

Horwath Law — Mon, 24 Oct 2011 17:16:06 GMT

On September 15, 2011, the Washington Court of Appeals reversed Gilberto Arreola’s driving under the influence conviction after finding the officer’s traffic stop was pretextual. A pretextual stop occurs when an officer stops a vehicle for a minor traffic infraction when his true motivations are to begin a criminal investigation, as was the case in State v. Arreola, ---P.3d ----, 3, 2011 WL 4090202 Wash.App. Div. 3, (2011). Pretextual stops are prohibited by the Washington Constitution and a competent Washington DUI Lawyer will ensure that your rights were not violated under this new law.

In that case, the officer followed Mr. Arreola for over a half mile because his car fit the description of a car suspected of being driven by a drunk driver. While following Mr. Arreola, the officer noticed the car had a modified muffler, which was in violation of the state vehicle equipment requirements. Although the officer did not see any indication of impaired driving, he pulled over Mr. Arreola and began an investigation for driving under the influence. The Court found that the officer’s primary motivation for pulling over Mr. Arreola was to investigate for driving under the influence, and not for a vehicle equipment violation.

In finding that the officer stopped Mr. Arreola pretextually, it held that “Washingtonians retain their privacy while in [their] automobiles.” Although, an officer can stop a driver for any traffic infraction he observes, the Court noted that nearly “the entire driving population is in violation of some regulation as soon as they get in their cars, or shortly thereafter” and warrantless seizures are not justified in these instances.

The Court in Arreola held that the totality of the circumstances be taken into consideration when determining whether an officer had a pretextual motivation in stopping a vehicle. In almost every driving under the influence stop there is a pretextual reason, or a hypothetically sufficient legal justification, for the stop – whether it be failure to signal, failure to wear a seatbelt, or talking on a cell phone. All of these acts are in violation of the traffic code and all provide officers a hypothetically sufficient legal justification to stop the vehicle. The ruling in Arreola will allow attorneys to force the trial courts to look at the officer’s primary motivation in stopping the vehicle, which will help defendants facing driving under the influence charges prove they were stopped in violation of their constitutional rights.

Arreola is a win for the Tacoma criminal defense legal community and will force officers to justify why the stops are made. Contact Tacoma DUI Attorney, Angela Horwath to see if this new case impacts your DUI charge.

Huge win for DUI defendants

Horwath Law — Sat, 25 Jun 2011 15:13:00 GMT

Typically when a prosecutor intends to present a forensic or toxicology report, they must subpoena the person who actually did the work that produced the report. However, in DUI cases, prosecutors have successfully been allowed to admit the report without the supporting testimony. DUI defense attorneys challenged this approach arguing that admitting the test without the actual testimony of the person who prepared the results violates a defendant’s Sixth Amendment rights under the Confrontation Clause.

On June 23rd the United States Supreme Court ruled that those accused in all criminal prosecutions have the right to be confronted by adverse witnesses, including lab technicians who analyze blood samples for DUI prosecution. Bullcoming v. New Mexico,131 S.Ct. 587 (2010).

In a 5-4 decision, the Court reversed a ruling from the New Mexico Supreme Court that accepted the trial testimony of a different forensic analyst who neither tested the accused's blood sample or prepared the report of the resulting blood alcohol level. In the opinion of the Court, this procedure denied the accused the opportunity to cross-examine the actual analyst involved in the testing and certification.

Proper passenger eitquette on a DUI stop

Horwath Law — Wed, 15 Jun 2011 16:13:00 GMT

Yesterday morning a 45-year-old Seattle woman gave Kitsap County sheriff's deputies and Bainbridge Island police officers an earful early Tuesday after her boyfriend was arrested for DUI. According to the Kitsap Sun, at 1:30 a.m. Tuesday, the officers pulled over the driver of a van because they recognized him and knew his driver's license was suspended. The stop led to the man's arrest for DUI. Officers soon discovered that a woman was in the back of the vehicle when she "screaming at the top of her lungs" and kicking her legs in the air. Not wearing pants or shoes and believed to be highly intoxicated, the woman "continued this screaming of vulgar insults non stop," officers said.
The woman was seated on a curb but soon began running for the patrol car in which her boyfriend was seated. Officers took her to the ground and placed her under arrest. Deputies had to use leg restraints on the ride to jail, in which she continued her tirade using "colorful terms" and made threats. She had also urinated on at least two officers before being booked into jail on suspicion of obstructing a law enforcement officer, the documents said.

While most of us know that urinating on officers will get you no where, it does raise the question, how should one behave if they are a passenger that is getting pulled over? Officers will likely request passengers to provide identification but passengers are free to refuse to provide identification however, this can lead to additional problems. If the police officer has reasonable suspicion that there may be drugs, weapons or other contraband in the vehicle, the passenger may also be arrested and detained. Passengers who choose to provide identification willingly to an arresting officer will likely have their names run in the system for warrants or outstanding tickets.

The best thing for a passenger to do is keep quiet and at the soonest possible time ask the officer if they are free to leave. If the passenger is unfortunate enough to have an independent reason to be arrested they at least are afforded the same rights to challenge the basis of the stop as the driver is afforded. So, things might turn out okay for our Ms. Urinating Seattle woman because the basis of the stops seems suspect.

Going out this weekend in Tacoma? So are the cops

Horwath Law — Wed, 01 Jun 2011 15:37:00 GMT

Cops will be going out in Tacoma this weekend as a part of a DUI emphasis.

posted By Stacey Mulick on June 1, 2011 at 3:18 pm Share this

Pierce County law enforcement officers and commanders will be visiting bars throughout Tacoma this weekend as part of a new effort to raise awareness about the dangers of drinking and driving.
They'll go to bars where impaired drivers report they'd been drinking right before their arrests.
"There's no enforcement action," said Fircrest Police Chief John Cheesman. "We are just hoping to change some behaviors."
The first weekend for the Home Safe Bar program marks the beginning a month-long public awareness program near the most frequent sites of the county's fatal drunken driving car crashes, the Tacoma Pierce County DUI and Traffic Safety Task Force.
Here's how the Home Safe Bar program will work. Extra law enforcement officers will be out Saturday night, patrolling for drunken drivers.
When they make arrests, the officers will ask the drivers where they'd been drinking. If the driver had been at a bar in Pierce County, other law enforcement officers and commanders will then visit the bar, Cheesman said.
The commanders will talk with the management at the bar about the enforcement effort, ask them to abide by the state's alcohol laws and provide them information from the Liquor Control Board. They'll also help the customers find designated drivers or call taxis.
"It's pretty low key," Cheesman said.
Frank Blair, a Tacoma father whose 24-year-old daughter was killed in a drunken driving crash in Everett, will be with law enforcement officers and visiting the bars.

Washington Lawmakers propose harsher DUI penalties

Horwath Law — Tue, 15 Feb 2011 15:22:00 GMT

By MOLLY ROSBACH | Associated Press • Published February 14, 2011

OLYMPIA, Wash. – Law enforcement officials and families of drunken driving victims rallied on Monday in support of several bills proposing stricter penalties for DUI convictions, asking lawmakers to hold offenders responsible for their actions.

Friends and family members of people killed by drunken drivers say the potential costs to the justice system could not be more important than the safety of other drivers, and that lawmakers need to hold offenders accountable.

"You have not done enough to protect victims in this state," said Erica Benge, whose friends were killed by a drunken driver last year. "We need to get these people off the road."

But opponents to the bills argue that laws targeting DUI offenders need to focus on prevention and treatment, instead of more cost-incurring jail time, which many smaller jurisdictions cannot afford.

Lawmakers in the House Judiciary committee heard testimony on a slew of bills that address a range of DUI-related issues, including longer sentences for first-time offenders and the required installation of
ignition interlock devices for convicted negligent or reckless drivers.

A bill presented by Rep. Orcutt, R-Kalama, would raise the seriousness level of vehicular homicide and vehicular assault and enact longer sentences accordingly. Vehicular homicide would be equated to
first-degree manslaughter. In most cases of vehicular assault and homicide affected by the change, the bill would more than double the sentence length imposed under current law.

The bill also proposes that sentences be served consecutively, not concurrently.

Orcutt reminded listeners of a case last summer when a couple was killed by a drunken driver while on their motorcycles. The offender received less than four years for causing the deaths of two people, he said.

"The sentences did not fit the crime," he said.

Rep. Steve Kirby, D-Tacoma, proposed a bill to impose harsher sentences on first-time DUI offenders. For offenders with a blood-alcohol level of 0.15 or lower, the minimum would increase from one day to three days, and for those over a 0.15 level, the minimum would increase from two days to one week. Offenders would pay the cost of incarceration.

Patricia Fulton of the Washington Defenders Association argued that most offenders will not be able to pay for their incarceration, and those costs will fall upon the city or county to pay.

"We think the cost is too burdensome," Fulton said. "Current law as it stands is appropriate."

If someone is going to be impacted by a short period of jail time, she said, they will be impacted by the current one- or two-day minimum; if they're not, then an increase to three days or a week still isn't going to solve the problem.

Other bills presented at Monday's hearing proposed including prior offenses when determining if an offender's DUI should count as a felony, and requiring that persons convicted of reckless or negligent driving be required to install ignition interlock devices to ensure they cannot drive while impaired.

Lawmakers also touched on the establishment of DUI specialty courts, where nonviolent offenders would go through substance abuse therapy.

The DUI bills are HB 1113, HB 1167, HB 1556, HB 1789 and HB 1646.

http://www.theolympian.com/2011/02/14/1543851/wa-lawmakers-propose-harsher-penalties.html#storylink=mirelated

DUI drivers in Washington may have special plates

Horwath Law — Tue, 15 Feb 2011 15:16:00 GMT

DUI drivers in Washington may have special plates

The Associated Press • Published February 14, 2011 OLYMPIA, Wash. – Washington drivers with a record of drunken driving could be required to have special license plates designated with the letter Z.

Legislation introduced by Rep. Norma Smith of Clinton would require that drivers pay an additional $100 for the Z-plate, which would be good for three years. The drivers would be allowed to drive only a vehicle with a Z-designated plate.

The Z would appear as the last symbol at the end of any sequence of license plate letters and numbers.

Motorcycle riders with a drunken-driving offense also would be required to have a Z-license, but the special charge would be only $25.

http://www.theolympian.com/2011/02/14/1543454/dui-drivers-in-washington-may.html

High-profile attorney charged with DUI

Horwath Law — Thu, 26 Aug 2010 15:17:00 GMT

Prominent Seattle lawyer and TV legal analyst Anne Bremner has been charged with drunken driving, according to court records, despite her claims that she suffered a head injury in a hit-and-run accident and was mistakenly arrested.

On June 4, Bremner, 52, was stopped in Kenmore after driving on three flat tires. She was returning from a dinner party at a judge's home in Seattle. The charge was filed Wednesday in King County District Court in Shoreline. Her arraignment is set for Sept. 1.

Bremner, a partner at Stafford Frey Cooper who often represents police officers accused of misconduct, has been fighting the release of the police report stemming from her arrest after it was requested under open records laws by several local media outlets, including seattlepi.com.

King County Superior Court Judge Laura Inveen ruled last week that most of the records should be made public.

The judge, however, immediately stayed that decision as Bremner's attorney announced an appeal of the decision.

Bremner claims police failed to respond to two 911 calls some time before her midnight arrest in Kenmore and, in a statement submitted to the court on her behalf by her doctor, alleged that she was manhandled by the sheriff's deputy. In a complaint filed under the name "Jane Doe," her lawyer argued she would suffer "substantial and irreparable harm to her personal and professional reputation if the unsubstantiated DUI allegations" were made public.

Her lawyer could not be immediately reached for comment Wednesday.

Bremner frequently appears as a legal analyst on several television networks.

She has been one of the most vocal advocates for Amanda Knox, the University of Washington student convicted of killing her roommate in Perugia, Italy. Knox's attorneys are appealing.

Bremner appeared as a TV legal commentator about several criminal cases with a national profile, including the Laci Peterson murder and Michael Jackson child molestation trial, and she maintains a virtual library of her TV appearances on her website.

She previously contributed to seattlepi.com's City Brights section of bloggers. seattlepi.com recently ended its relationship with her to avoid any conflict of interest.

To support their contention that Bremner suffered a head injury, her attorneys in the filed a statement by local psychiatrist Dr. Philip Lindsay.

Lindsay wrote in court documents that Bremner had been the "victim of a hit and run driver at 50 mph and had suffered a concussion," and argued that the deputy who stopped her in Kenmore "rushed to judgment."

"She was mistakenly arrested for DUI based solely upon the symptoms of traumatic brain injury," Lindsay wrote the court.

Attorneys for the county called the doctor's statements "grossly misleading" and contended Bremner never reported a hit-and-run crash or head injury until well after her arrest.

Bremner's defense investigator interviewed the dinner party host, Rosselle Pekelis, a former state Supreme Court justice and former King County Superior Court judge. Pekelis, her husband, and others reported no issues with Bremner regarding her balance, coordination or thought process and speech, before she left, according to summaries of their statements.
By Scott Gutierrez, seattlepi.com