due to the inability of a prosecutor to view the case for what it was, Actual Physical Control. The Court dismissed my client's DUI charge when I argued there were insufficient facts (at an evidentiary hearing) to establish my client was driving the vehicle in question. I don't understand why the prosecutor's office insists on filing charges they cannot prove, but oh well, it worked out for my client to have an experienced Seattle DUI Attorney on his side! Call today if you want to talk about your DUI charge (425) 398-4323. This case was in King County District Court and my client was alleged to have blown over. 15.
By Nathan Webb
Friday, January 25, 2013
Thursday, January 10, 2013
New Marijuana DUI Law explained..
New Marijuana Law (I-502) - Seattle Cannabis DUI
Washington State Marijuana DUI
DUI defense is always affected by admissibility of tests to determine alcohol, but now the State has enacted a new portion of the DUI statute to crack down on Marijuana use. Drivers suspected of marijuana use have always come under scrutiny and previously, when charged the State could only speculate as to the "impairment" level of the driver. But now, there is a new legal standard for impaired drivers who have been driving while using marijuana, it is 5 ng/mL. How did the State come up with this standard? Who knows! There are no agreed treatises or studies of any sort which conclude that absolutely every driver is impaired at 5 ng/mL, but the State is using this "level" nonetheless. It is a per se level, so that means, even if you are a regular user of Marijuana in Washington State and are arrested for a Marijuana DUI, the prosecution only has to show that your blood results were 5 ng/mL and they get a conviction. There is no speculating as to whether that particular individual isn't impaired, they are presumed impaired even though there is no documentation (treatise, scientific studies, etc.) to establish this finding. I find this highly suspect and very concerning. My advice to anyone suspected of a Seattle Marijuana DUI is, don't drive at all after smoking marijuana.
Problems with Marijuana DUI Evidence
Numerous defense challenges to the results in Marijuana DUI cases are certain to arise, especially given the fact that there is no way to estimate how many tokes or puffs get someone to the "per se" level of 5 ng/mL. In breath test cases concerning alcohol there is a guideline (albeit from the 1930s) wherein you can estimate a BAC level (Widmark's formula). However, there is no such guideline for cannabis. In fact, numerous studies indicate that estimating marijuana impairment via plasma (i.e., a blood draw) is problematic and inconclusive. Nevertheless, the legislature will enact the 5 ng/mL standard level and you will be presumed guilty. Think also how this affects Medical Marijuana users. They are authorized to consume marijuana, but given there is no way to estimate what level they may reach after just a couple of puffs, this new DUI Marijuana law is essentially "no tolerance." It precludes the use because drivers are risking a criminal conviction even if they are using under the law!
Marijuana DUI - Cannabis DUI Advice
Seeing as how 5 ng/mL is such a low standard, with no apparent scientific standard for estimation or determination of impairment, it is best to just not drive at all after using marijuana. Also, considering the government put no effort into determining how different varieties of marijuana may affect individuals, it is advisable to find other transportation. This new statute and enactment by the government, in my humble opinion, is foolish, and without any true scientific conclusions it is draconian . I'm prepared to fight for you if you have been charged with a Seattle Marijuana DUI, Seattle Cannabis DUI or Washington State Marijuana DUI. In fact, my first "Not Guilty" DUI verdict was a case involving and allegedly impaired driver who was smoking marijuana! Contact us today to discuss your case!
Current Statue (RCW 46.61.502)
(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of marijuana after the time of driving and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by marijuana in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.504(6).
THEREFORE, even if you are legally consuming, smoking marijuana, you are subjected to arrest for driving a motor vehicle afterward. If you have been arrested for a Washington State Marijuana DUI, call today!
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of marijuana after the time of driving and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by marijuana in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.504(6).
THEREFORE, even if you are legally consuming, smoking marijuana, you are subjected to arrest for driving a motor vehicle afterward. If you have been arrested for a Washington State Marijuana DUI, call today!
by Nathan Webb
Friday, January 4, 2013
Dirty cop fired for falsified DUI arrests...
Anyone who's ever been pulled over by a cop for something they didn't do will find reason for both fury and comfort in the story of Utah Highway Patrol Cpl. Lisa Steed. Steed, a cop celebrated for her diligence, has now been fired amid allegations that she falsified dozens — perhaps hundreds — of DUI arrests. Steed routinely pulled over drivers she claimed were driving drunk or on drugs and arrested them, even if they were found to have no drugs or alcohol in their system, a lawsuit contends. "Her actions are so blatant," a plaintiff's lawyer says, "it is probable that she acted like this in an untold number of cases."
A terrible example of abuse of due process and constitutional rights to further her own agenda. She will soon find out what "justice" really means.
By Nathan Webb
A terrible example of abuse of due process and constitutional rights to further her own agenda. She will soon find out what "justice" really means.
By Nathan Webb
Monday, December 17, 2012
Two Seattle Police Officers arrested for DUI and Hit and Run...
SEATTLE (AP) - The Seattle police department says two of its officers have been arrested for suspicion of a hit-and-run and driving under the influence.
Seattle police spokesman Sean Whitcomb says a local resident noticed a collision just after midnight Monday, saying that a woman driving a Nissan Altima had front-end damage. The witness said the woman stopped the car and switched seats with a male passenger and they drove off.
Whitcomb says officers did an area check and found the Altima a few blocks away, parked two to three feet away from the curb with the engine still running. Officers recognized the pair in the car as off-duty police officers.
A duty captain responded to the scene and the pair was arrested.
Investigators aren't sure yet what the pair struck while driving.
We will wait and see the outcome of this matter but it seems like switching places in a seat is bad enough.
by Nathan Webb
We will wait and see the outcome of this matter but it seems like switching places in a seat is bad enough.
by Nathan Webb
Friday, December 14, 2012
Cowboys lineman arrested for DUI manslaughter....
Here is the story (below), why a millionaire can't hire a limo is beyond me, so very sad for the two families....
Dallas Cowboys nose tackle Josh Brent has been arrested and charged with intoxication manslaughter stemming from a late night crash that resulted in the death of a teammate.
CBS Station KTVT reports that Jerry Brown Jr., a 25-year old currently on the Cowboys' practice roster, was killed in the accident.
Irving police spokesman John Argumaniz said the accident happened about 2:20 a.m. Saturday in the Dallas suburb, hours before Brent was to be on a team flight to Cincinnati for the Cowboys' game Sunday against the Bengals.
When police arrived, Brent was responsive and able to speak with officers. Brown was unresponsive and was transported to a local hospital, where he was later pronounced dead.
Officers conducted a field sobriety test on Brent and arrested him on suspicion of driving while intoxicated, Argumaniz said. The charge, a second-degree felony punishable by two to 20 years in prison, was upgraded after Brown was pronounced dead.
Argumaniz said Brent, who pleaded guilty to a drunken driving charge three years ago at Illinois, was being held without bond. Brent is named as Joshua Price-Brent in the police news release. Argumaniz also said Brent missed a 10 a.m. Saturday booking session with a judge because he was intoxicated. He did not know if Brent had an attorney.
Brent was speeding when the vehicle hit a curb and flipped at least once, Argumaniz said. Police received 911 calls from motorists who saw the upside-down vehicle but they did not immediately have any eyewitnesses to the wreck, the police spokesman said.
Argumaniz said when officers arrived at the scene on a state highway service road, Brent was dragging Brown from the vehicle, a Mercedes, which was on fire. Officers quickly put out the small blaze, he said.
Argumaniz wasn't sure if the vehicle was a car or SUV and said it wasn't known how fast the vehicle was traveling. The road has a 45 mph limit.
"I can say investigators are certain they were traveling well above the posted speed limit," Argumaniz said.
Before he was taken to the jail, Brent went to a hospital for a blood draw for alcohol testing and also received treatment for some minor scrapes.
Argumaniz said Brent identified himself to officers as a Cowboys player.
Cowboys owner Jerry Jones issued at statement to the media saying: "We are deeply saddened by the news of this accident and the passing of Jerry Brown. At this time, our hearts and prayers and deepest sympathies are with the members of Jerry's family and all of those who knew him and loved him."
Brent has appeared in 12 games this season and recorded 22 tackles and 1.5 sacks.
The two were teammates at the University of Illinois.
CBSSports.com reported that, while at Illinois, Brent had been suspended from the team after his arrest in February 2009 in Urbana for driving under the influence.
In June 2009, Brent pleaded guilty to DUI and was sentenced to 60 days in jail, two years of probation, 200 hours of community service and a fine of about $2,000. As part of his plea deal, prosecutors dropped one count of aggravated DUI/no valid driver's license. Brent successfully completed his probation in July 2011, court records show.
Brent, a nose guard, has played in all 12 games this season and has been a bigger presence on defense with starter Jay Ratliff battling injuries. Brent made his first career start in the season opener against the New York Giants and has 35 tackles and 1 1/2 sacks.
The Cowboys signed Brown to their practice squad Oct. 24, but he hasn't been on the active roster. He was released from the Indianapolis Colts' practice squad Oct. 20. Brown played in one game for the Colts, a loss to the New York Jets on Oct. 14.
"On behalf of the entire Colts family, our sincerest condolences go out to Jerry's family and friends," Colts general manager Ryan Grigson said in a statement. "He was a good teammate that was well liked by all. Today's tragic news is just another reminder of how fragile life is and how everyday given is a gift."
Brown played for San Antonio in the Arena Football League this year. In 2011, he played for Jacksonville in the AFL and the Hamilton Tiger-Cats in the Canadian Football League.
He was born and grew up in St. Louis, attending Vashon High School.
Dallas Cowboys nose tackle Josh Brent has been arrested and charged with intoxication manslaughter stemming from a late night crash that resulted in the death of a teammate.
CBS Station KTVT reports that Jerry Brown Jr., a 25-year old currently on the Cowboys' practice roster, was killed in the accident.
Irving police spokesman John Argumaniz said the accident happened about 2:20 a.m. Saturday in the Dallas suburb, hours before Brent was to be on a team flight to Cincinnati for the Cowboys' game Sunday against the Bengals.
When police arrived, Brent was responsive and able to speak with officers. Brown was unresponsive and was transported to a local hospital, where he was later pronounced dead.
Officers conducted a field sobriety test on Brent and arrested him on suspicion of driving while intoxicated, Argumaniz said. The charge, a second-degree felony punishable by two to 20 years in prison, was upgraded after Brown was pronounced dead.
Argumaniz said Brent, who pleaded guilty to a drunken driving charge three years ago at Illinois, was being held without bond. Brent is named as Joshua Price-Brent in the police news release. Argumaniz also said Brent missed a 10 a.m. Saturday booking session with a judge because he was intoxicated. He did not know if Brent had an attorney.
Brent was speeding when the vehicle hit a curb and flipped at least once, Argumaniz said. Police received 911 calls from motorists who saw the upside-down vehicle but they did not immediately have any eyewitnesses to the wreck, the police spokesman said.
Argumaniz said when officers arrived at the scene on a state highway service road, Brent was dragging Brown from the vehicle, a Mercedes, which was on fire. Officers quickly put out the small blaze, he said.
Argumaniz wasn't sure if the vehicle was a car or SUV and said it wasn't known how fast the vehicle was traveling. The road has a 45 mph limit.
"I can say investigators are certain they were traveling well above the posted speed limit," Argumaniz said.
Before he was taken to the jail, Brent went to a hospital for a blood draw for alcohol testing and also received treatment for some minor scrapes.
Argumaniz said Brent identified himself to officers as a Cowboys player.
Cowboys owner Jerry Jones issued at statement to the media saying: "We are deeply saddened by the news of this accident and the passing of Jerry Brown. At this time, our hearts and prayers and deepest sympathies are with the members of Jerry's family and all of those who knew him and loved him."
Brent has appeared in 12 games this season and recorded 22 tackles and 1.5 sacks.
The two were teammates at the University of Illinois.
CBSSports.com reported that, while at Illinois, Brent had been suspended from the team after his arrest in February 2009 in Urbana for driving under the influence.
In June 2009, Brent pleaded guilty to DUI and was sentenced to 60 days in jail, two years of probation, 200 hours of community service and a fine of about $2,000. As part of his plea deal, prosecutors dropped one count of aggravated DUI/no valid driver's license. Brent successfully completed his probation in July 2011, court records show.
Brent, a nose guard, has played in all 12 games this season and has been a bigger presence on defense with starter Jay Ratliff battling injuries. Brent made his first career start in the season opener against the New York Giants and has 35 tackles and 1 1/2 sacks.
The Cowboys signed Brown to their practice squad Oct. 24, but he hasn't been on the active roster. He was released from the Indianapolis Colts' practice squad Oct. 20. Brown played in one game for the Colts, a loss to the New York Jets on Oct. 14.
"On behalf of the entire Colts family, our sincerest condolences go out to Jerry's family and friends," Colts general manager Ryan Grigson said in a statement. "He was a good teammate that was well liked by all. Today's tragic news is just another reminder of how fragile life is and how everyday given is a gift."
Brown played for San Antonio in the Arena Football League this year. In 2011, he played for Jacksonville in the AFL and the Hamilton Tiger-Cats in the Canadian Football League.
He was born and grew up in St. Louis, attending Vashon High School.
Wednesday, October 24, 2012
Carlton Fisk DUI...
6:27PM EDT October 23. 2012 - Hall of Fame
catcher Carlton Fisk was charged with a DUI on Monday in New Lenox, Ill., after
he was unconscious behind the wheel of his vehicle.
Police said that an open vodka bottle was found in Fisk's vehicle.
But perhaps the most head-scratching detail of the New Lenox police report is the location of Fisk's F-150.
His vehicle was found in the middle of a corn field, according to New Lenox police.
According to the report, Paramedics were called to the scene and police were able to awaken Fisk, who agreed to go to the hospital. He refused a blood alcohol test, and his car was impounded.
"Around 7:20 (Monday) night, we received a couple of calls about a vehicle in a field," Deputy Chief Bob Pawlisz told ESPNChicago.com. "When officers went over there, they found Mr. Fisk unconscious behind the wheel. ...They contacted local paramedics in New Lenox, had him examined, and the officers had reason to believe he was under the influence. He was transported to the local hospital and charged with a lane violation, driving under the influence and illegal transportation of alcohol. An open container of alcohol was found in the vehicle."
The 64-year old Fisk posted bond and was released after he was issued a citation. He is scheduled to appear in the Will County Courthouse on Nov. 29.
Fisk's arrest comes one day after the 37th anniversary of his home run that clinched Game 6 for the Boston Red Sox against the Cincinnati Reds, who went on to win the 1975 World Series. Fisk was inducted into the Hall of Fame in 2000.
Police said that an open vodka bottle was found in Fisk's vehicle.
But perhaps the most head-scratching detail of the New Lenox police report is the location of Fisk's F-150.
His vehicle was found in the middle of a corn field, according to New Lenox police.
According to the report, Paramedics were called to the scene and police were able to awaken Fisk, who agreed to go to the hospital. He refused a blood alcohol test, and his car was impounded.
"Around 7:20 (Monday) night, we received a couple of calls about a vehicle in a field," Deputy Chief Bob Pawlisz told ESPNChicago.com. "When officers went over there, they found Mr. Fisk unconscious behind the wheel. ...They contacted local paramedics in New Lenox, had him examined, and the officers had reason to believe he was under the influence. He was transported to the local hospital and charged with a lane violation, driving under the influence and illegal transportation of alcohol. An open container of alcohol was found in the vehicle."
The 64-year old Fisk posted bond and was released after he was issued a citation. He is scheduled to appear in the Will County Courthouse on Nov. 29.
Fisk's arrest comes one day after the 37th anniversary of his home run that clinched Game 6 for the Boston Red Sox against the Cincinnati Reds, who went on to win the 1975 World Series. Fisk was inducted into the Hall of Fame in 2000.
Wednesday, October 3, 2012
WSP trooper says he is never wrong! Huh, interesting...
Washington State Patrol Trooper Tony Brock puts a woman through field sobriety tests in Seattle's Ballard neighborhood. She was later arrested for DUI. (Photo: KIRO Radio/Brandi Kruse)
listenListen: DUI limit really more of a guideline for state troopers
On a Friday night in the Ballard neighborhood of Seattle, Trooper Tony Brock pulls a woman over for driving without headlights. As he approaches the vehicle, he detects a strong smell of alcohol.
While roadways across Washington state are spotted with signs that remind drivers of the "legal limit," and warn "over the limit, under arrest," driving under the influence can often be a crime of opinion for troopers who believe you are too impaired to be behind the wheel. 97.3 KIRO-FM's Brandi Kruse reports.
The woman fumbles for her driver's license and struggles to unbuckle her seatbelt when Trooper Brock asks her to exit the truck.
"How much have you had to drink tonight?"
"Six beers," says the woman.
"Do you feel like you're OK to drive?"
"I do," she responds, telling him her last drink was 45 minutes ago.
Trooper Brock proceeds to put the woman through a series of field sobriety tests.
He moves his pointer finger side-to-side as she attempts to follow it with her eyes. He watches as she takes nine steps, carefully putting one foot in front of the other while counting the steps out loud. He asks her to recite her alphabet from the letter "b" to the letter "n," then asks her to count from 58 to 72.
Without blowing into a breathalyzer to determine her blood alcohol level, the woman is arrested for driving under the influence.
"Even if she was not over a .08, it's obvious she's affected by the alcohol she was drinking," said Trooper Brock. "Even if I took her back to the office and she blew a .07, she would still be being booked into the King County Jail for DUI."
While roadways across Washington state are spotted with signs that remind drivers of the "legal limit," and warn "over the limit, under arrest," driving under the influence can often be a crime of opinion for troopers who believe you are too impaired to be behind the wheel.
"I [couldn't] care less about what they blow; if they're below the legal limit, at the legal limit or five times the legal limit," said Trooper Brock, who is member of the Washington State Patrol's Target Zero Team. Their goal is to reduce deaths on the roadway.
"I don't worry about what's going to happen six months or a year down the road in court," he said. "I know when I go home every single shift that if I took someone off the road, I'm 100 percent positive they were not supposed to be driving a car."
Under state law, someone can be arrested for DUI if a trooper or officer determines they were "affected to an appreciable degree" by alcohol or drugs.
"We do get clients that come into this office that are dumfounded, for lack of a better term, as to why they're even sitting in our office if their blood alcohol level was below the legal limit," said William Kirk, a DUI defense attorney with Cowan Kirk Gaston.
He said the government has contributed to confusion with signs and slogans reinforcing the "legal limit."
In cases where a defendant's BAC was under the legal limit, the prosecution must rely on the testimony of the trooper or officer who made the arrest.
"The evidence that a person was impaired to an 'appreciable degree' will be based upon the trooper's opinion, and therefore it becomes a crime of opinion and the weight that a jury attaches to that opinion is critical to whether or not a conviction is obtained," said Kirk, who has never had a client convicted of DUI with a BAC under .08.
"I personally have never had that happen," he said. "But I have heard of it happening and I have heard of some very talented DUI lawyers having it happen to them, so it is possible."
While troopers like Tony Brock have the responsibly of proving such cases, he said he understands that not everyone he arrests will ultimately be convicted of DUI. Many plead to lesser crimes such as reckless driving or reckless endangerment to avoid trial.
Brandi Kruse, KIRO Radio Reporter
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