As a Lynnwood DUI Lawyer I am of course well versed in the deferred prosecution program, and have had several clients apply for it. But do not under any circumstances expect it.

I give the example of a client who has racked up three DUIs in recent history, and appeals to the court for help with his drinking problem through the DP program. The court, knowing that this is seen as a get out of jail free card questions his commitment to sobriety and his future. The court continues the case just to see if the defendant is serious about it. Then puts him on ZERO TOLERANCE for the length of the DP.

I’ve seen these revoked and a full year be imposed.

Steve said it right. They’re easy to get (sometimes) – but HARD to complete.

If you want a lawyer to evaluate whether or not a DP is the right choice for YOUR DUI case – call Lynnwood DUI Attorney Jonathan Dichter at 425-424-9401 now for your FREE CONSULTATION!

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As you may recall – 2 years ago the Washington State Toxicology Lab engaged in fraudulent and misleading science (some say potato, some say perjury) – and breath tests disappeared as a result. Now they think they’ve cleaned up their act, as I’ve reported previously here on these pages.

If you have a Washington DUI (King County Especially) – this story should interest you.

From Komo News:

SEATTLE — There’s a push to get breathalyzer readings reinstated as admissible evidence in courtrooms in Washington state.

Breathalyzers haven’t been allowed as evidence following a 2-year-old ruling that stemmed from major problems at the state toxicology lab.

But things have changed since. For starters, the the old lab chief is gone; the lab has a new boss. And the lab has earned international accreditation.

And King County Prosecutor Dan Satterberg believes it’s time to once again allow breathalyzer readings in court.

King County prosecutors handle as many as 5,000 DUI cases a year. And for the past two years, they’ve had to prosecute those cases without breath test results after the court ruled sloppy work at the state toxicology lab made those tests inaccurate and unreliable.

But Satterberg says those problems have since been addressed.

“We’re quite proud of the work that’s happened,” he said. “We’ve fixed all of the problems that the court found, and we’re looking forward to bringing that to the next motion.”

But defense attorneys aren’t so convinced.

Attorney Kevin Trombold claims the system is still flawed as the tests contain a margin of error that the state lab still does not report.

“Without knowing that, we don’t know if we’re convicting innocent people or we’re letting guilty people go free,” he said. “We just don’t know. So they have the ability to quantify that, but they’re choosing not to.”

According to Trooper Ken Denton, however, the lab does report any margin of error when attorneys make a request. By law, the error rate can be no more than 5 percent.

Satterberg has identified nine cases in which he believes the breathalyzer test results should be permitted, and plans to cite those cases in his argument before the court.

“I’m convinced that the toxicology lab has taken sufficient steps to make the product – and that is the breath alcohol reading – a reliable product,” he said.

If you have a King County DUI pending or coming up – you need competent representation, and you need it NOW. Call Lynnwood DUI Lawyer Jonathan Dichter to get him started on defending YOU against Dan Satterberg and his friends – FREE CONSULTATION at 425-424-9401.

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Even a sheriff’s deputy!

Meet Deputy Samuel Bledsoe, who, according to the Kingsport Times-News, was arrested for DUI in Tennessee and was so belligerent that he was locked in a dog cage.

From the Associated Press:

BLOUNTVILLE, Tenn. – A Tennessee sheriff’s deputy arrested on a drunken driving charge wound up in a dog house before he was taken to the big house. The Kingsport Times-News reported the details of a Tennessee Highway Patrol arrest report, which said 47-year-old Samuel Monroe Bledsoe was kicking the windows of a trooper’s cruiser on his way to a hospital for a blood test.

The report said Bledsoe was then locked inside the cruiser’s K-9 cage for his safety.

Trooper David Osborne said in the report that Bledsoe performed poorly during a field sobriety test — even after it was explained to Bledsoe 18 times.

The Sullivan County Sheriff’s Office later fired Bledsoe.

Bledsoe was free Wednesday on $1,500 bond. A message left at a phone number listed for Bledsoe was not immediately returned.

As I said – anyone can make a mistake.

What amazes me is that as a sheriff’s deputy, you’d think Bledsoe would know not to take the field sobriety tests. Regardless, if YOU have a Washington DUI case, and need help, don’t hesitate to call Lynnwood DUI Lawyer Jonathan Dichter, who will give you a FREE CONSULTATION at 425-424-9401.

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A Snohomish County Superior Court Judge upheld the decision.

From the Everett Herald:

EVERETT — A Seattle man charged with drunken driving will remain behind bars without any chance to bail out after a Snohomish County Superior Court judge ruled that a lower court had legal authority to deny the man bail because he was convicted of another crime while awaiting trial.

Attorneys for Israel Hinojosa argued that their client has the state Constitution on his side. A District Court judge didn’t have the right to order him held without bail before he’s had a fair trial, they contend.

Bail isn’t supposed to be punishment. It is set to assure people show up to their court hearings. A high bail also is a means to assure public safety if there’s a possibility the defendant may commit a violent crime, intimidate a witness or interfere with the court.

The state Constitution guarantees that people, before they are convicted of a crime, have the right to bail, public defender Sara Ayoubi wrote in a petition. The Constitution says no-bail orders are reserved only for defendants who are charged with aggravated murder where proof is evident, she wrote.

Now, more than ever, it is imperative that you have competent LOCAL counsel for your case – someone who knows the courts and the players. Someone who is keeping abreast of all local developments.

If your case is in South District Court in Lynnwood, call Lynnwood DUI Attorney Jonathan Dichter immediately at 425-424-9401 so he can get started defending you, keeping you out of jail, and protecting your rights!

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Normally I would leave something of this type to my good friend Aaron Pelley, who houses the Criminal Defense Law with an Apple blog over at his site. I’m sure he’ll weigh in on this, but I had to get my $0.02 in. Before going into this, it should be known that I created an entirely Mac Based law office for myself.

Like most technophiles, I waited with baited breath for Steve to unveil the iPad today at the Apple media event. And like many, I have mixed emotions. I like the concept of an on the go tablet that is easier to deal with than a MacBook, and yet more powerful than my iPhone. I love that it’ll have an iWork suite available, and that Keynote will run natively. I can easily bring presentations with me wherever I go. With the 30-pin connector, I can likely connect the tablet easily to a projector and give closing arguments to a jury with ease and appear totally techno-savvy.

Think of this – I scan every single doc for every single file. If I can use the iPad as a hard disk – I can put my video, photo, and pdf files for ANY case on it at ANY time. Sure I can do the same thing with my MacBook Pro, but it’s lighter and smaller. Not to mention the cool factor.

That being said – the iPad lacked one key feature I’d like and that’s multitasking. With the iPhone it’s no big deal. How many apps can I run on that screen at a time.

But to not have it on the iPad is a problem. Hopefully one Apple will fix quickly. Because to be able to have my entire trial file at a fingertips touch – to be able to manipulate photos or NHTSA manuals on the fly – and also have a note app open so I can take notes on what the officer bungled – now there’s a winner, and I’d already have one pre-ordered.

If you want to work with a lawyer who stays ahead of the curve in the technology of criminal defense, and is always looking for new ways to make his presentation style that much more effective, call Lynnwood DUI Attorney Jonathan Dichter at 425-424-9401 for your Free Consultation!

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However – we want our officers to be honest, reliable, trustworthy, and able to show restraint – especially as it relates to injuring suspects.

At least that’s what I thought. Meet Officer Eric Werner.

From The Seattle Times:

A Seattle police officer fired for dishonesty will get his job back, along with back pay, after the city’s Public Civil Service Commission ruled that termination was too harsh.

Officer Eric Werner, 31, instead faces a 30-day suspension, which he has already served since being fired in May.

Werner maintained he forgot about punching an agitated man when he was initially questioned in 2007 by Seattle police during an investigation into the man’s complaint that he was repeatedly tazed.

Werner, during testimony last year before the commission, said he later remembered striking the man and decided to come clean while applying for a job with the Snohomish County Sheriff’s Office in May 2008. The hiring process included polygraph examinations.

The Sheriff’s Office didn’t hire Werner. But they notified the Seattle Police Department of his disclosure and, after an internal investigation, he was fired last May by Interim Police Chief John Diaz for violating the department’s honesty policy.

Werner appealed his firing in what was viewed as a key test of the honesty policy, which presumes officers will be fired for dishonesty in their official duties and was a cornerstone of new rules adopted in 2008 to address community concerns about police accountability.

Though the city and the Police Department could appeal the commission’s ruling in King County Superior Court, such a move is extremely rare.

“The City Attorney’s Office is analyzing the decision, and considering whether to appeal. No decision has been made yet,” a spokeswoman for City Attorney Peter Holmes wrote in an e-mail today.

However, Werner’s name has now been added to the so-called “Brady list,” a list kept by the King County Prosecutor’s Office of potential witnesses whose honesty has been called into question, said spokesman Dan Donohoe. Most of the 52 names on the list are law-enforcement officers, though the list also includes State Patrol crime-lab employees and a former death investigator with the King County Medical Examiner’s Office, he said.

The Prosecutor’s Office will be required to notify defense attorneys whenever Werner is called to testify against a criminal defendant, Donohoe said.

Okay – I’m not sure what we as citizens should be more outraged at. This guy “forgot” that he PUNCHED a subject who was being interviewed for complaining that he was TAZED too many times. Except that he didn’t “forget”. If he had, then he wouldn’t have “come clean”. Let’s face it folks – he lied. So now we have a lying cop back on the force. And not only did we let him back on – we PAID him for the “VACATION” he got by lying.

But wait – the outrage continues. There’s a 52 name LIST of lying cops and witnesses. And that’s JUST King County.

If you’ve found yourself on the wrong end of a dishonest cop, you need a criminal defense lawyer who’s unafraid to take on the police directly. Lynnwood Criminal Defense Lawyer Jonathan Dichter has been fighting to keep cops honest and protect your rights for seven years, and is happy to offer you a FREE CONSULTATION. Call him now at 425-424-9401.

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High BAC Amended: Through negotiation and skilled research of all possible issues in the case, Jonathan successfully obtained a plea bargain offer of Negligent Driving in the First Degree. His client originally had a DUI charge with a BAC above .160 (more than TWICE the legal limit!)

Felony DUI Dropped to Misdemeanor: Jonathan’s client was charged with felony DUI for a 5th recent offense, and was facing upwards of 7 years in prison. Jonathan found several significant legal mistakes, briefed them, explained them to the prosecutor, and obtained for his client an offer to amend his felony charge to a Gross Misdemeanor.

Domestic Violence Charge Dismissed: Through skilled negotiation and explanation of the weaknesses of the case to the prosecutor, Jonathan successfully convinced them to dismiss an Assault Domestic Violence charge against his client.

High BAC Amended: Again, through negotiation and skilled research of all possible issues in the case, Jonathan successfully obtained a plea bargain offer of Reckless Driving. His client originally had a DUI charge with a BAC above .180 (more than TWICE the legal limit!)

If you have been charged with any crime at all in the State of Washington, especially DUI or Domestic Violence, don’t hesitate – call Lynnwood Criminal Defense Attorney Jonathan Dichter for your FREE Consultation at 425-424-9401!

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Now, the Seattle PI is reporting a further problem with the WSP in general.

From the Seattle PI:

EVERETT, Wash. — A backlog at Washington State Patrol crime labs is holding up some Snohomish County cases, including police shootings.

State lab acting director Larry Hebert told The Everett Herald there’s a shortage of qualified technicians.

At least three officer-involved shootings in Snohomish County await test results from state labs. They include the deputies killing men in May near Granite Falls and on New Years Eve in Bothell and a Mill Creek officer firing Saturday at a suspect on I-5 who was not hit.

Snohomish County sheriff’s spokeswoman Rebecca Hover says detectives have been told to expect delays of up to a year on ballistic evidence, but results can be speeded up for priority cases.

The bad news here is that your tax dollars are being wasted with these delays. I mean – a YEAR for ballistics? We’re talking about SHOOTINGS here.

The good news is that a skilled criminal defense attorney like Jonathan Dichter will be able to use this to his advantage in defending YOU with your case. Call him for your FREE CONSULTATION now at 425-424-9401!

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From King5.com:

SEATTLE – An allegedly intoxicated man grinding his Porsche 911 through downtown Seattle with a missing right rear tire, apparently didn’t realize it, instead insisting to the trooper who pulled him over that his transmission was going out.

A Washington State Patrol trooper assigned to the King County Holiday Enforcement Team, arrested 62-year-old James A. Stephenson of Seattle.

The trooper spotted Stephenson driving east on Pike Street from 3rd Avenue in his Porsche 911 sports car on Dec. 29. According to a press release, pedestrians stopped and stared as the vehicle went by, “making a loud grinding noise and emitting lots of sparks.”

When the trooper stopped the vehicle and asked Stephenson for his driver’s license, Stephenson quickly informed the trooper that his transmission was going out.
“The trooper advised Stephenson that his vehicle was not having a transmission problem,” the press release says. “Stephenson became belligerent and asked the trooper if he was a mechanic or a cop. The trooper advised Stephenson that he was not a mechanic and asked Stephenson to step from his Porsche so that he could show him something. Upon exiting his Porsche, the trooper pointed to the right rear tire, which was completely missing from the wheel. The trooper continued around the Porsche and pointed to the right front tire which was completely flat.”

Stephenson told the trooper that the car was in good condition when he left a friend’s house.
Soon after this exchange, the trooper determined Stephenson was heavily intoxicated and arrested him for DUI. It is not known Stevenson’s car hit prior to the traffic stop.

If you’ve found yourself getting pulled over for DUI, the first rule is: don’t be belligerent. Secondly – make sure you know your rights and consult an attorney who knows what he’s doing. Lynnwood DUI Attorney Jonathan Dichter focuses his practice on DUI defense, and can help you navigate your way out of those “DUI emphasis” nets that you may have been caught in.

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And of course, the Seattle Metro area is no different.

From the Seattle Times:

Extra DUI patrols will be on area roads for the next three weekends. Public Health – Seattle & King County is joining with local law-enforcement agencies and traffic-safety groups to target drunken driving over the holidays.

Ninety-four people died in King County traffic crashes in 2008 and an additional 669 people were seriously injured, according to the public-health agency. The agency also cited a 2006 survey of Seattle drinkers conducted by the Harborview Injury Prevention and Research Center in which one out of five drinkers admitted to driving after drinking too much in the previous month.

“Traffic crashes kill or seriously injure hundreds of people in King County each year,” said Dr. David Fleming, director and health officer for Public Health – Seattle & King County. “By driving sober or planning safe rides home, you can protect yourself, family and friends.”

The additional DUI patrols are funded by the Washington Traffic Safety commission.

If you are caught in a holiday DUI emphasis patrol, you need the best of the best to help you out. Call Lynnwood DUI Attorney Jonathan Dichter at 425-424-9401 for your FREE CONSULTATION today!

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