Wrong-way driver hits state trooper’s car head on

26 year old Julio Martinez Cortes was going the wrong way, driving west on the eastbound 520 when he hit State Trooper Andrew Boyer’s patrol car. Seeing the allegedly intoxicated driver and imminent danger Boyer quickly maneuvered his car, a trick learned in basic training, to minimize damage to the car and impact. The collision didn’t stop the driver who kept going and eventually continued on to the I-5.  Boyer described the driver as having, ” a blank look on his face”.

The driver then continued driving the wrong way going North in the Southbound lanes of the I-5 until his car died close to 45th street. The suspect then ran from the car until falling from a 20 foot embankment leading to his arrest. Firefighters pulled him from the enbankment where he was taken to Harborview medical center in Seattle. Trooper Boyle was unharmed but did suffer from a sore neck. Boyer felt well enough to complete his shift and switched his patrol car to finish the day.

If you or someone you love were involved in a DUI with accident in the state of Washington this is a very serious offense. The right criminal defense attorney can make all the difference in your case. A DUI charge can mean substantial fines, license suspension,  sky rocketing insurance fees, the installment of a Ignition Interlock Device and even possible jail time. You have a right to fight the charges against you, and DUI cases CAN be won. A competent Bellevue DUI defense attorney will be able to find inconsistencies, weakness in the prosecutor’s evidence and failure to follow protocol to have the charges you are facing lowered or dismissed entirely.

How much does a DUI cost?

A DUI can have devastating consequences on your privacy, career and freedom, but just how much does a DUI cost? The initial ticket can cost anywhere from a few hundred to a few thousand dollars depending on whether or not you’re a first offender. But lets look at the far reaching monetary consequences a DUI can have:

Bail: Depending on the city you are arrested in you may need to post bail to be released from jail after your arrest. This can cost between $150-2,500 dollars.

Towing: Many times after a DUI your car will be towed. You will first need to pay the police agency that arrested you to give an official statement to release your car. Then you will need to pay the towing company whose initial fee will be anywhere from 150-300 dollars. You will also need to pay per day the car is stored. Some states such as Chicago charge upwards of $1,500 for the first day of storage.

Fines: Your ticket can cost up to 2,000 dollars but many first offenders will pay around 3-500 dollars for their ticket. This doesn’t includes court fines and attorney fees if you hire one.

Alcohol Education and Treatment:

First Offender Program: Many states will require that you complete a state authorized program that can range in length from 3 months to 9 months, depending on your BAC. These classes are once a week and generally cost around 30 dollars per class/week.

HAM: States such as California have programs in place for underage offenders called the Hospital and Morgue Program. These classes cost around 100 dollars and will require the offender to visit a hospital and morgue to see the devastating consequences drinking and driving can have.

Insurance Fees: Even a first time offender with no accident may see their car insurance rates triple or quadruple. It will take anywhere from 3-5 years for the rates to begin to lower, and approximately 8 years for it to no longer be factored in to your rates. Experts estimate that drivers with a DUI conviction pay approximately $1,500 extra for car insurance per year.

License Reinstatement Fees: After a driver completes their alcohol education course the state will reissue their license for a fee from anywhere between $60-$250

Ignition Interlock Device: If you are a repeat offender, had a particularly high BAC or if you received your DUI in a place like Arizona or Los Angeles you may need to install a ignition interlock device on your car. It will cost a few hundred dollars to install and remove, and also requires a monthly payment of approximately 120 dollars.

Overall not considering other miscellaneous fees it is estimated that a DUI can cost anywhere from $10,000-15,000 if there was no accident. Arguably the worst aspect of a DUI is the social stigma that it carries. If you or someone you love is facing charges for DUI, contact a Bellevue DUI lawyer immediately to begin building your case. A criminal defense attorney who specializes in DUI defense will know how to find flaws in the officer’s arrest or collection of evidence to have your charges reduced or dismissed entirely.

Penalties for First, Second and Third DUI Offenses in Washington

The state of Washington has DUI laws that are more strict than many other states. In getting behind the wheel while legally intoxicated, drivers put their future at risk. If you have been arrested for a DUI and want to save yourself from the above fines, jail time and other penalties you should have an experienced Bellevue drunk driving lawyer look at your case and explain any possible defenses.

Washington’s penalties for driving under the influence of drugs or alcohol are very strict. They range in severity depending on blood alcohol content (BAC) and whether or not the driver has any prior DUI convictions.

The .08% limit is the standard used across the United States to define an “impaired driver,” however the state of Washington has lower BAC limits for commercial drivers (.04) and drivers under the age of 21 (.02). Washington’s lookback, or washout period is 7 years; this means that any prior DUI convictions are relevant for the following 7 years. It is also important to note that Washington has an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension for one year, regardless of BAC or any priors.

First offense DUI offenders will face 1 day of jail time if BAC is less than .15% and 2 days if BAC is .15% or higher. In some cases first offense offenders will be subject to electronic home monitoring in lieu of jail time. A fine of $865.50 to $5,000 will be imposed if BAC is less than .15%, and between $1,120.50 and $5,000 if BAC is .15% or more. Drivers license suspension is imposed for 90 days if BAC is less than .15% and 1 year if equal to or over. An Ignition Interlock Device (IID) is required as well. An IID is similar to a breathalyzer and is connected to the vehicle’s dashboard. It requires that the driver of the vehicle breathes into the device before starting the engine. If the driver blows above the programmed limit in the IID the engine will not start. A first offense offender will also be required to purchase SR22 insurance, and may be asked to attend an alcohol and drug education program.

Second time DUI offenders face harsher penalties. Rather than the 1 or possible 2 days in jail that first time offenders face, second time offenders will be required to spend 30 days in jail if their BAC is less than .15% and up to 45 days if .15% or greater. Electronic home monitoring is also required for a mandatory period of 60 days. The fines for second time DUI offenses are as follows: $1,120.50 to $5,000 if BAC is less than .15% and $1,545.50 to $5,000 if .15% or higher. The offender’s drivers license will be suspended for 2 years if BAC is under .15% and 900 days if .15% or above, and as with a first time offense an IID and SR22 insurance will be required along with possible drug and alcohol education.

Finally, are third and subsequent DUI offense penalties. 90 days jail sentencing is required for a BAC that is less than .15% and 120 days if .15% or higher. A third time offender will also face 120 days of mandatory electronic home monitoring. Imposed fines are between $1,970.50 and $5,000 for BAC that is less than .15%, and between $2,820.50 and $5,000 for BAC that is .15% and above. Drivers license suspension will be required for 3 years if BAC is less than .15% and 4 years if .15% or higher. Similarly to first and second time offenders, an IID and SR22 insurance will be required as well as possible drug and alcohol education.

You, The Police, and Driving Drunk

According to the National Highway Traffic Safety Administration there are 24 patterns that drivers can exhibit while operating their vehicle, to tip authorities off that they have been drinking. There are also a number of behavioral cues that police look for once the driver has been pulled over for suspicion of intoxicated driving.

Four categories of driving behavior exist that can lead police to suspect a driver of drunk driving. The first is “problems maintaining proper lane position.” Examples of these types of patterns are weaving in lane, weaving out of lane, straddling a lane line, swerving, turning with a wide radius, drifting and almost striking another vehicle or object.

The second category is “speed and braking problems.” Here, the driver would have problems stopping properly; they may accelerate or decelerate for no apparent reason, have varying speed and drive as slow as 10 mph below the speed limit.

Thirdly, a driver may have “judgment problems.” These can include following too closely, improper or unsafe lane changes, illegal or improper turns, driving on the other side of the road, stopping inappropriately in response to an officer, erratic or inappropriate behavior and appearing to be impaired.

Finally, a driver can demonstrate “vigilance problems,” such as driving in opposing lanes or the wrong way on a one-way street, have slow response to traffic signals, drive slowly or fail to respond to officer’s signals, stop in a lane for no apparent reason, drive without headlights on at night and fail to signal or signal inconsistent with driving pattern. It is important to note that speeding is not listed in any of these four categories of impaired motorist behavior. Although many prosecutors argue that speeding occurs because alcohol consumption diminished the driver’s judgment and increased their risk-taking behavior, driving above the speed limit is generally thought to take stronger judgment and quicker reflexes.

In addition to the 24 cues concerning the way the operator of the vehicle actually drove, are 10 cues that officers are trained to search for after the driver is stopped and before field sobriety tests are performed. These include difficulty with motor vehicle controls, difficulty exiting the vehicle, fumbling with driver’s license or registration, repeating oneself, unsteady balance, leaning on their vehicle, slurred speech, slow to respond to officer, provides incorrect information or changes answers, and smell of alcohol.

If an officer still suspects a driver of being intoxicated, there are several field sobriety tests that are used. Among the most common are the finger-to-nose test, heel-to-toe walk, reciting the alphabet, hand pat, fingers-to-thumb, one-leg stand and modified position of attention test (an officer will have the driver stand with their feet together and eyes closed, then observe any swaying or toppling over.) The horizontal gaze nystagmus (HGN) test is a new method of determining drunk driving. This “follow my pen” test was not designed to ensure that the driver is able to focus on the pen, but to measure the steadiness of the eyes while following the object and the degree to which the eyes are angled. The HGN test is relatively new and is not an accepted procedure in many states. Lastly, a breath or blood test will be administered to determine if the driver was in fact intoxicated while driving.

There are numerous DUI defenses that can be used to maintain innocence, and it is important for drivers arrested for DUI to remember that you are innocent until proven guilty. Seek the knowledge of an experienced DUI attorney to better understand your rights and your options for fighting a DUI.

 

 

 

What Police Look For in Potentially Intoxicated Drivers

Police officials are more and more on the look out for intoxicated drivers. With DUI arrest and penalties increasing more and more each year, suffice to say being involvedin a DUI case in any way is no fun. Simply being accused of a DUI can have lasting and negative effects on your driving record and insurance rates.

Do not get caught in the cross hairs in the war against DUIs and simply avoid the mess
all together. The following is a list of the indications to officers that you may be driving
while under the influence.

While Driving

1. Wide turn radius
2. How close you are to striking objects
3. Weaving and ability to stay in lanes
4. Driving below the speed limit
5. Stopping without reason
6. Following vehicles too closely
7. Erratic Braking
8. Inconsistence signaling
9. Slow Response to traffic signals
10. Driving with the windows down.

After Traffic Stop

1. Flushed face
2. Bloodshot eyes
3. Smell of alcohol
4. Slurring your speech
5. Failure to comprehend questions asked by officer
6. Leaning on car for support or swaying
7. Disheveled clothing or hair
8. Lacking awareness of place and time
9. Inability to follow officers instructions
10. Discrepancies while exiting vehicle or accessing documents

If you or someone you know is being accused or charged with a DUI, no matter the
severity or nature of the accusations, contact a DUI lawyer in Bellevue immediately. No
matter what the circumstance, it is important that you protect your rights as an individual
and get the representation and justice you deserve.

Refusal to Submit to a Breath or Blood Test in Washington

There is much debate surrounding the DUI testing options that people have when being pulled over for suspicion of driving under the influence of alcohol or drugs. Can and should you refuse a breath test? Are you able to opt for a blood test instead? What are the costs and benefits of each option? The following is an outline of the consequences and advantages of refusal to participate in a chemical test.

There are many reasons that suspected drunk drivers may want to refuse to take a breath test. They may be under the impression that if they don’t take a test, zero evidence will be stacked against them in court. They may mistakenly believe that if they refuse the breath test they will be given a blood test in its place. They might distrust the accuracy of the mechanism or be wary of the officer performing the test. In other scenarios, the person in question may not have actually refused, but have had a panic attack or other physical condition that made them unable to blow enough air into the machine. For all these reasons, refusal to participate in a chemical test has become a frequently discussed topic. Although people often say no to these tests for decent reasons, it is important to know how this decision would affect you in a court of law.

In almost all cases you do have the right to politely decline a breath or blood test (there is an exception if the suspect is involved in an accident where someone was seriously injured or killed.) However, refusal to take the test by-and-large creates more legal problems than it solves. Firstly, it is imperative that you have an understanding of when and why blood tests are used. If you refuse a breath test you will not automatically be given a blood test in its place; instead, your refusal will be noted and you will likely suffer the expected penalties. A blood test will be given only if you are unconscious, receiving treatment in a medical facility, or if the officer suspects that you are under the influence of drugs. In breath test refusal cases in Washington there is an automatic license revocation for at least one year. As soon as you refuse the test, the officer must give you notice of the state’s intent to suspend your license, as well information about how to request a hearing to challenge the suspension. If you opt for a hearing, you must pay a $200 fee within 20 days simply to make the request.

The minimum jail time for breathalyzer refusal is 2 days for a first conviction, 45 days plus 90 days house arrest for a second conviction, and 120 days plus 150 days house arrest for a third or fourth conviction. The minimum fine for a first offense breathalyzer refusal is $500, however once additional costs and assessments are factored in the minimal amount is brought to $1,195.50. The maximum time that a judge can set for breathalyzer refusal is 364 days in jail. The maximum fine is $5,000, which is brought to $8,845.50 after additional costs and assessments.

Beyond the initial fines and penalties for breathalyzer refusal, comes the DUI case. In many cases, the refusal will be a hindrance to a case because a judge or jury will see it as a cover-up, or an implicit admission of guilt. A breath test refusal results in tougher penalties in Washington. If convicted, it comes with a longer jail sentence and higher fines than a DUI charge for someone who chose to take the test.

If you are unclear about whether to take or refuse a breath test if the situation were to present itself, a Bellevue DUI attorney can clear up any confusion and help assess the situation.

Criminal Conviction Penalties and Defense for DUI Laws

The penalties for getting convicted for a DUI offense can be very severe. You may end up losing your license for a number of years, having to use an ignition interlock device or even end up serving jail time. The fines can be substantial. Avoiding having this happen sometimes comes down to having the right attorney who knows how to represent you when you are putting up a defense against a DUI charge.

There are plenty of reasons that people actually end up getting charged with a DUI when they weren’t over the legal limit. For example, drivers who are tired will oftentimes fail a roadside sobriety test. In cases where an officer didn’t even bother to ask the person they were testing if they had been awake for a long period of time or if they had been driving for quite a while, and attorney may be able to argue successfully for you. There are other reasons why people fail these tests and a good attorney who has experience arguing against them will make sure that the court hears your case as it actually happened.

Some of the criminal penalties for getting convicted of a DUI can end up having significant impacts on your future. To begin with, this offense is the one and only offense that some people have on their criminal records and that can cause problems when you apply for jobs, apply for apartments or in your life in general. Even if you feel like there is no chance that you would win a case if you pled not guilty, it’s worth it to talk to an attorney before you appear in court and to see if they believe that they could get a better deal for you or if that there isn’t as strong a case against you as you may have thought.

The Law Offices of Joseph C. Rome are completely dedicated to defending those that are charged with DUI/DWI and other serious criminal charges in Bellevue, WA. If you have been charged with a DUI and are uncertain about your future, do yourself a favor and contact Bellevue DUI Attorney Joseph C. Rome and avoid the harsh penalties and steep fines that are commonly associated with a DUI conviction.