HOW TO SUPPRESS A BREATH TEST IN WHATCOM COUNTY

DUI laws in 2016 will be changing and adjusting and will receive much publicity. The Legislature and local courts and tightening the screws on an already enhanced and tougher legal system. However, the real stories lie beneath the surface. For instance, why are Washington State Troopers unhappy? Why do so few people want to become law enforcement officers?  Why is there a shorter of DUI police officers? Why are fewer people being arrested for DUI (and the answer is not, because there are fewer drunk drivers)? Why are ignition interlock devices required for Marijuana DUIs? We look into the dirty underbelly of Washington DUI Law - oh, and we look at some helpful topics too.

A DUI or criminal charge of any kind requires the assistance of counsel.  The end!  The prosecutor is not looking out for you in court and is not your friend. You must protect yourself.  However, a concern many have is the cost of an attorney, and rightly so.  This is not an expense people plan for.  The question remains, how much does a good DUI lawyer cost?  The truth is that not every case or every client is the same.  Similarly, not every attorney is created equally either.  

Marijuana has become part of the vocabulary of Washington State. Since its legalization we have seen Marijuana stores open up and the general relaxation of social norms.  In addition to the word "marijuana," the substance is also known by a variety of different terms.  Such terms include "weed," "THC," "Cannibus," etc. However, I bet you didn't know how many names for marijuana have been invented and used by certain creative types.  Here is, perhaps, the most exhaustive list of marijuana terms in the world.

CELEBRITY dui - aCTORS ARRESTED FOR dui

​​2016

when prosecuting attorneys blow their stack

felony dui

Marijuana definitions

Have you seen the ads about drinking and driving?  Have you heard local politicians and law enforcement promise harsher patrols and the eradication of drinking and driving?  Do you know that Washington State has strict laws regarding driving a motor vehicle with marijuana in your system?  Probably the answer is yes to all of the above.  However, are you aware that these campaigns and political rhetoric is just marketing?  The truth is that DUI arrests and filings are down, and not because people are not drinking and driving but because of something else.  Read more to find out the truth.

DUI Emphasis - Much a do about Nothing

Police have been buzzing around for thousands of years.  Granted, the police force in ancient Egypt lacked the sophistication of modern law enforcement, but nonetheless they were there, 4,000 years ago. This blog article looks at the history of those who have the most difficult jobs in the criminal justice system, law enforcement. The article traces the history of police from ancient Egypt, to Victorian England, and finally to the colonies.

Many of my clients are surprised that more officers do not have either dash cameras or body cameras. Personally I love it when a case has a video from an officer as videos often memorialize the truth in a certain situation. This avoids exaggeration by law enforcement officers or incorrect assumptions by inexperienced or hostile prosecuting attorneys. However, the majority of officers do not have cameras - the reason - money.

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Many will be surprised that an alcohol drug evaluation is mandatory in the State of Washington should you receive a DUI - regardless of whether the charge results in a conviction of DUI or if it is amended to a lesser offense. The same is true if you wish to have your driving privilege reinstated or if you wish to enter into the deferred prosecution. The evaluation process is very procedural and dictated by both the DSM model, the ASAM model and even the "SASSI." Understanding the history of the process may prepare you in advance of this requirement.

DUI BLOGs


A new DUI Bill has been passed in the House in Washington State and the effects are significant.  The Bill proposes that a fourth DUI conviction within 10 years will now be a felony, replacing the old Bill that made a fifth DUI conviction within 10 years a felony. If you or a loved one is facing a third (or greater) DUI charge within a 10 year period it is important to take note of this Bill and change your lifestyle immediately. Read the full blog to find out more details.

Actors are crazy people, right?  Well, not all of them are but some of them take crazy to the level of criminal and are arrested for criminal acts such as DUI. The following is one of the world's longest and most accurate lists of actors who have been arrested for driving under the influence. The list is growing monthly so check back frequently as the list will continue to be added to. 

A BRIEF HISTORY OF THE EVALUATION PROCESS

A BRIEF HISTORY OF LAW ENFORCEMENT

DUI Defense Lawyer Blog | Law Firm of David N. Jolly

The preliminary breath test is the small handheld breath testing device that a police officer sticks in your mouth at the side of the road (after properly advising you that the test is voluntary and is not an alternative to any evidential breath alcohol test, of course).  So, how much do you really know about this device? And, how accurate is it? Finally, if it cannot be used against you in court to prove your guilt, why is it even used? Well - read more to find out.

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body cameras

why an attorney charges what he/she does?

WHAT IS A pbt?

The breath test is central and critical to the majority of driving under the influence cases in Washington. But what if there was a way to consistently suppress (remove) the BAC results from evidence?  Well, this would be great if you're the defendant as it could significantly impact the results in your DUI. In Whatcom County most drivers arrested for DUI end up in Jail with no chance or release for several hours. And this is where we start our little story on BAC suppression.

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2016 DUI Blog | Law Firm of David N Jolly

Law Firm of David N. Jolly Blog - DUI Information and News

Most prosecutors show good judgment, are thoughtful with their approach, and uphold their duties in a respectful and professional manner. For example. those prosecutors in Whatcom County and Bellingham are good illustrations on how to act professionally and fairly (while still being tough). However, once in a while a prosecuting attorney lowers his/her colors and goes off the rails. When this happens an experienced (and good) defense attorney is invaluable.

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