Persistence is key with any DUI case!

Recently (August 2014) I resolved a client's case regarding a DUI charge.  The significance of this resolution was due to our persistence in litigating this matter. This particular client came to me after having driven his car off the road at Sand Point Way in Seattle, WA.  The client was taken to the hospital for a blood draw which revealed he had a .37 ethanol reading (BAC of .37).  Yes that is extremely high, and in some instances a person can die from a concentration of that amount.

Nevertheless, I took the case on and we litigated this matter over the course of a year and a half. After numerous motions were filed back and forth (between the prosecutor and myself), and we appeared in court at least a dozen times, the case was finally set for an evidentiary hearing the day of trial.  The prosecutor made an offer to my client to plea as charged and they would only recommend 3 days in jail (the mandatory minimum in this case was 2 days in jail), but that if my client proceeded to trial and lost the prosecutor would ask for 10 days in jail.  My client, following my advice, politely declined the offer.

Our arguments at the evidentiary hearing included (1) whether the government could prove my client was the actual driver of the vehicle involved in the accident (corpus delicti) and (2) whether the officer had probable cause to arrest.  The hearing involved an independent witness who heard the accident and found my client face down outside of the car moments later.  There was also testimony from one officer.  The officer testified there were numerous broken alcohol containers outside of the vehicle and some alcohol containers inside the vehicle.  The officer also testified my client had bloodshot, watery, eyes, told others he was the driver, smelled of alcohol, had slurred speech, was incoherent and admitted to consuming ¾ of a gallon of whiskey!

I know a lot of attorneys who would have convinced their client to accept the government's offer based upon the allegations, but I simply have a standard of not pleading anyone as charged unless they insist.  After the hearing, and after my cross examination of the witnesses, prior to the ruling of the court, the government offered a plea deal.  The reasoning was that if the court agreed with my arguments the case could have been dismissed, conversely if the judge agreed with the government my client would have not been able to accept the offer and would have had to take his chances in front of a jury.  Prior to the ruling the government stated it would offer a Negligent Driving in the First Degree and not ask for any jail.  After careful consideration, my client accepted the offer.  After the plea was entered, the judge stated she would have ruled against the defense on our issue, so it was a wise decision by my client.

Now normally I don't necessarily post a Negligent Driving in the First Degree as a victory as many of my competitors do, I only like to post dismissals or not guilty verdicts but in this particular case, a DUI accident with a .37 blood draw reduced down to a Negligent Driving (misdemeanor) was an excellent outcome.  The outcome was only achieved due to the persistence of my client and myself.  It is not to toot my own horn that I post this, but it is to show that as a DUI attorney you have to take on the most difficult of cases and try your best despite the evidence.

I know a lot of attorneys who would have put forth the same effort as I did but there are many out there claiming to be “experienced” DUI attorneys who would have caved at the first hearing and convinced their client to plead guilty and "throw themselves upon the mercy of the court."  

Did you have an experience like that with your so-called “trial experienced DUI attorney?”  My point is, if your attorney was not or is not willing to put in the effort as a truly experienced aggressive DUI attorney, they are likely performing a disservice to their client and should probably exit this particular area of law.

We are truly aggressive, experienced, courtroom and trial tested DUI attorneys and have the results to back it up! Contact us today if that is what you are looking for in your Seattle DUI Attorney (425) 398-4323.

 

 

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About the author:

Nathan Webb, is a seasoned Seattle DUI Lawyer.  His practice of 10 years emphasizes DUI defense.  He has been repeatedly recognized as one of Seattle's Best Attorneys! He has been repeatedly recognized as a Top Seattle DUI Attorneys by Seattle Met Magazine, and Repeatedly named a Super Lawyer Rising Star in the area of DUI Defense by Washington Law and Politics Magazine, and is Rated Superb for DUI Defense (perfect 10.0 out of 10.0) by Avvo.com

 

A first time murderer is afforded a better opportunity for a plea bargain than a DUI suspect in King County!

Recently a defendant charged with First Degree Murder pled guilty to Second Degree Murder in King County. See story here: Former JBLM soldier pleads guilty to second degree murder.

Now you might think that for an awful crime the defendant doesn't deserve any break whatsoever but the King County Prosecuting Attorney thinks this plea was justified.

Now this was a murder charge, so you would think that a first time offender charged with a misdemeanor DUI might have a similar opportunity, nope, think again!  These first time DUI offenders are worse in the eyes of the King County Prosecutor's Office.  The King County Prosecutor's Office has a no negotiation policy on first time DUIs, first time murder yes, but not on first time DUIs!

Over the 10 years I have been practicing in King County I have handled hundreds upon hundreds of DUIs. The majority of these first time offenders found themselves in the position simply because they misjudged their ability to drive after consuming alcohol.  The vast majority were not involved in an accident and no one was injured.  No one is condoning driving while drunk but when a prosecutor's office takes it upon itself to treat first time DUI offenders worse than first time murderers and rapists, there is certainly something rotten in Denmark.

People charged with DUI are not all bad people; consider this - a former Washington State Supreme Court Justice was charged with DUI, numerous State Representatives and Congressmen, judges, police officers, firefighters, professional athletes, Microsoft Employees, NBA executives, Professional singers, etc. have found themselves charged with DUI when they made a judgment to drive when they honestly believed they were capable.

The King County Prosecutor's Office has taken it upon itself to penalize all DUI offenders and not negotiate any first time cases even though the legislature intended for negotiations to take place.  This is why RCW 46.61.5055 specifically outlines "prior offenses."  The legislature intended that reduced charges such as Reckless Driving and Negligent Driving in the First Degree, reduced from an original DUI would be "prior offenses" for sentencing purposes (meaning on a second offense the penalties start at 30 days in jail and go up for third and fourth offenses) if an individual were charged and convicted of a new DUI within 7 years from the date of the original arrest for DUI.  Why did the legislature articulate prior offenses this way, it is because the overwhelming number of persons charged with a  DUI don't re-offend and it doesn't necessarily believe that someone charged with a DUI has to be convicted and have a permanent offense on their record (a DUI can NEVER be removed from your record in Washington State if convicted or a plea of guilty is entered).

Now it is the King County Prosecutor's prerogative to do so but is it really the role of a prosecutor to only get convictions or is it to get justice?  Think about it, if a first time felon is afforded the opportunity to plea to some lesser offense or to an amount of jail less than what is typical (I'm talking murderers, drug dealers, rapists, sex offenders, etc.) then why do misdemeanor offenders for DUI get treated worse?  For example, a Reckless Driving offense has a mandatory minimum penalty of 30 days of license suspension, 3 years of high risk (SR-22) insurance, and it will have conditions similar to those of a DUI conviction (everything except the day in jail and permanent conviction that cannot be expunged). 

There is no logic behind the position and I believe each attorney who adheres to this policy is a hypocrite.  Why would I use such a harsh word? Because every single one of the prosecutor's abiding by this policy personally know someone who has either been charged with a DUI, who should have been charged with a DUI or has committed the offense of DUI themselves (whether they were caught or not).  Would they honestly say to their grandmother who was arrested and blew a .081, tough s#@t grandma, you gotta plead guilty!

The major issue now has become that this "policy" is a huge burden on the taxpaying citizens of the State of Washington.  How you say?  Why shouldn't we prosecute everyone charged with a crime?  There is a difference between prosecution and persecution.  To give someone the opportunity to admit guilt by way of a lesser plea is not letting the individual off the hook.  How taxpayers are being effected is this way: troopers are being paid an increasingly inordinate amount of overtime to appear to court for evidentiary hearings and then sent home when there is simply not enough time on the calendar to hear the case.  This happens every single Friday in King County District Court!  That is not even taking into consideration the "close call" cases that arguably could be won by either side.  When the State takes the position of a no negotiation policy it effectively is telling everyone charged, "just try me!"  Now when those defendants do and win, then the State has just wasted taxpayer money when it could have offered a reduced plea and had the individual on probation for a couple of years making money, but due to the bull-headed nature of this "philosophy" many, many cases are going to trial and some juries are reaching not guilty verdicts.

Also, courtrooms are so overloaded with trials that independent and expert witnesses are sitting around all day then getting bumped to the next day or week.  State toxicology lab workers testifying on these cases are actually spending more time in the courtroom than in the lab performing work to try and catch murderers and rapists because apparently DUIs are of greater concern to the prosecutor's office. Who do you think pays the salaries of those persons.

To sum up, again it is the prerogative of the King County Prosecutor's office to prosecute cases as it sees fit, but when the stance taken is that DUI convictions are more important that murder convictions or rape convictions, the political nature of the policy is evident.  When a potential candidate gets on tv or radio and espouses what a great DUI conviction rate they have, the question should be asked, well how many felony suspects were given reduced pleas?  Politics should not dictate negotiations.

 

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About the author:

Nathan Webb, is a seasoned Seattle DUI Lawyer.  His practice of 10 years emphasizes DUI defense.  He has been repeatedly recognized as one of Seattle's Best Attorneys! He was recognized as a Top Seattle DUI Attorneys by Seattle Met Magazine, Repeatedly named a Super Lawyer Rising Star in the area of DUI Defense by Washington Law and Politics Magazine, and is Rated Superb for DUI Defense (perfect 10.0 out of 10.0) by Avvo.com

All cases aren't dismissed but a plea bargain can still be a great result!

Although I strive for a dismissal on every case, the vast majority of cases are resolved by negotiating a plea bargain.

Today my client received a Reckless Driving reduction on a second offense DUI wherein the alleged BAC was .173 and .170.  This is a great result!  The agreement held no jail and that the client must complete an alcohol evaluation and DUI victim's panel.  Considering this was a two car collision (my client was allegedly at fault), it was the best result for which we could have hoped.  My client was ecstatic and the judge felt it was appropriate so the plea bargain was happily accepted.  State v. W.L. Case No. 3ZC002494 (Pierce county district court).