DUI Washington Blog

At the Law Offices of Geoffrey Burg, we work extensively on judicial campaigns because we believe a high quality judiciary is essential to achieving just results for our clients.

Patricia Fulton and Geoffrey Burg are very active in an organization called Citizens for Judicial Excellence. With the other members of this organization, we have spent literally hundreds of hours studying the records of current judges and reviewing the credentials of new judicial candidates. We and our colleagues are in court virtually every day and have an opportunity to observe dozens of judges first hand.

We have endorsed several candidates who are running for election right now, and their names will be on the General Election ballot. We know how difficult it is to cast an educated vote in judicial elections, so we hope you will appreciate our recommendations.

Depending on where you live, you will have an opportunity to vote for one of the following candidates:

Seattle – Ed McKenna is our choice in this race for Seattle Municipal Court Judge. Ed’s opponent, Edsonya Charles, is the incumbent; however, she recently earned the distinction of being rated the worst performing judge in all of King County on a recent Bar Association survey of attorneys. We believe the Seattle Municipal Court is badly in need of improvement, and the people of Seattle deserve better. We recommend Ed McKenna. www.edmckennaforjudge.com

Southwest – If you live in any of the following areas, you can vote for our pick, Susan Mahoney: Burien, Federal Way, Normandy Park, Des Moines, Seatac, Tukwila, or Vashon Island. Susan has been rated Outstanding by the Municipal League of King County and Exceptionally Well Qualified by the King County Bar Association. Her opponent, Judith Eiler, is the incumbent, but has been rated Not Qualified by the Bar and was recently suspended from office by the State Supreme Court. Again, we believe the citizens deserve better. We recommend Susan Mahoney. www.mahoneyforjudge.com

Southeast – If you live in the southeastern part of King County, you can vote for Matt Williams, who is our overwhelming choice in this district: Kent, Renton, Auburn, Black Diamond, Maple Valley, Covington, Algona, Pacific, and Enumclaw. Matt has an unmatched level of legal experience as a prosecutor, trial practice professor and a nationally known expert on courtroom procedure. We are fortunate Matt wants to serve South King County as a judge, and he has been rated Exceptionally Well Qualified by the King County Bar Association. We recommend Matt Williams. www.electmattwilliams.com

Northeast – If you live anywhere on the Eastside, you can vote for John O’Brien: Bellevue, Issaquah, Sammamish, Redmond, Snoqualmie, North Bend, Fall City, Duvall, Bothell, Yarrow Point, Woodinville, Carnation, Mercer Island, Kirkland, Medina, Hunts Point, Clyde Hill, and Newcastle. John has been an outstanding trial lawyer and community leader on the Eastside for 29 years. He has also been endorsed by former Governor Gary Locke and Supreme Court Justice Tom Chambers, also an Eastside resident. We recommend John O’Brien. www.johnobrienforjudge.com

Believe it or not, judicial elections are just around the corner – next November.  At the Law Offices of Geoffrey Burg, LLC, we have been working hard for over four years to have an impact in this arena.  Both Geoffrey Burg and Patricia Fulton are on the board of an exciting new organization – Citizens for Judicial Excellence (www.CJEPAC.com).  This is an organization that has raised over $200,000 to help support the campaigns of exceptional people who want to become judges.

How do we do this?  The organization, though our campaign coordinator, former judge Mary Ann Ottinger, has gone out and interviewed over 40 people who want to become judges. During the interview we have asked questions that help us determine if they would be a good judge and if that person has what it takes to become a judge.

Citizens for Judicial Excellence — Seeking Fair, Compassionate and Brave Judges

Once we have identified a candidate, we give them a roadmap on how to become a judge.  We give them detailed explanations of who to meet with; what documents need to be prepared; and how to run a campaign or try and get appointed.

Thus far, CJEPAC has helped several potential candidates get up and running, and we have formally endorsed two candidates – Steve Rosen http://www.electjudgerosen.com/ and Susan Mahoney, http://www.mahoneyforjudge.com/. Both of these candidates are exceptionally well qualified, not just because we say so. Various other organizations have rated them favorably as well.

We believe in highly qualified judges.  We want judges that are smart, judges that are fair, judges that are compassionate, and judges that are brave.  The candidates that we have endorsed meet these criteria.

One of the hard aspects of a DUI attorney’s practice is that it is not uncommon to have to do a sentencing in front of a judge.  While most of our client’s face reduced charges, we do have to face the reality that some people will be convicted of DUI.  When this happens, we make sure it is not without a fight.

DUI Sentencing Follows DUI Conviction

After a conviction of DUI or any other crime there is a sentencing.  This is a vital part of the case, for it is at sentencing that many things can happen – jail can be imposed or suspended, fines can be given, licenses may be suspended, community service can be ordered, probation can be imposed.  One of the things that we do at the Law Offices of Geoffrey Burg, LLC to help our clients is keep informed about the judges around the county and up to date on their practices.

New Judges in Bothell and King County to Issue DUI Sentences

As of January 22, the city of Bothell swore in a new judge, Michelle Gehlsen. On February 22, the Metropolitan King County Council appointed Marcine Anderson as the new judge in the county’s Shoreline District Court and Michael Finkle as the new judge in the Northeast Division of King County District Court. With all these new judges, you may be wondering what impact this will have on DUI sentencing in King and Snohomish counties.

All three of these judges have solid experience. We can expect them to exercise the same judicial discretion that other judges in King and Snohomish counties exercise.

What is judicial discretion and why is it important if I am arrested for DUI?

Judicial discretion is the right of a judge to waive or suspend jail terms and fees during DUI sentencing. A judge may choose to balance public service in lieu of jail time. The judge unfortunately has no control  over the suspension of driving privileges. Even though the law may not mandate an alcohol treatment program, a judge may include an alcohol evaluation and follow-up treatment at sentencing.

When determining a sentence, we have found that most  judges use two variables in determining how to sentence DUI drivers. They look at blood alcohol content at the time of arrest (whether or not it has been suppressed or thrown out) and the prior criminal history, particularly, prior DUI arrests.

How much impact each of these factors plays varies from judge to judge. It will also depend on the particular facts and circumstances of the case.

Other factors judges consider when determining DUI sentences.

Judges also consider other factors when considering what the DUI sentence will be. The two biggest factors are deterring future DUI and protecting society from future DUIs.

What does this mean for a DUI driver in King or Snohomish Counties?

If you are arrested for DUI in King or Snohomish counties, you can expect that the judge may only review your file for a few minutes. Most commonly this is at a sentencing hearing.

Does this seem like a short time? When a judge has been sitting on the bench for several years, they become very efficient at reading court documents. Of course there is the risk that something will be overlooked. That is why hiring an experienced DUI attorney is so important. It doesn’t matter if your DUI charges arise in King County or Snohomish County, good DUI representation is vital for the best outcome. Contact the Law Offices of Geoffrey Burg for the kind of Washington DUI representation you need.

Washington State may still consider DUI as a gross misdemeanor, but not Canada. There, a DUI on your record is a felony. And felons don’t visit Canada even if their records have been clean for years. If a DUI shows up in a U.S. criminal database, your hopes of visiting Canada without securing a visa are probably dashed.

Canada Accesses U.S. DUI Information

So how is it that Canada has access to U.S. criminal databases? The access is part of post 9/11 information sharing between the two countries. Who would have thought that the effort to prevent terrorists from crossing the border, would create red flags for drivers who have made a DUI mistake in the past?

How to Restore Your Ability to Enter Canada After a DUI

There are three ways to get into Canada if you have had a DUI conviction in your past. You can apply for a temporary resident permit, but you must have an urgent reason for your visit—a sick family member, a business meeting. This is your only option if your DUI happened within the last five years.

If your DUI sentence ended more than five years ago, you can apply for an Approval of Rehabilitation. This process is paperwork intensive and includes your FBI file and state police records from every state you have lived in since you were 18 years old. Each offense must be explained. You also have to provide a complete list of home addresses and employers since the age of 18. The fees range from $200 to $1000 Canadian and can take up to a year. But once you have gone through this process you have a reasonable assurance that you can enter Canada.

For Americans who have had only one DUI that occurred more than 10 years ago, a person may be eligible for “Deemed Rehabilitation,” allowing complete access to Canada once again.

It is always recommended that you consult a Canadian immigration lawyer about any criminal offense, no matter how minor or how old before trying to enter Canada.  Without doing this it is impossible to know what will happen at the border.

In our office, people regularly ask us about the consequences of facing a Washington State DUI in regards to Canada.  As we are not Canadian attorneys and are not licensed to practice law in Canada, we refer our clients to:

Joshua B. Sohn
Embarkation Law Group
1.888.663.7474
Joshua@ELGCanada.com

Another Reason It Is Never Safe to Represent Yourself on a DUI charge

Your DUI charge may not have to become part of your record. It is never safe to represent yourself on a DUI charge. Hiring an experienced DUI attorney could prevent Washington DUI gross misdemeanor charges from becoming part of your record. Make sure you contact a DUI attorney before you incriminate yourself by making statements. This is your legal right, so don’t be afraid to exercise it.

Affidavits of Prejudice — A DUI Attorney Tool

Affidavits of Prejudice have been a tool used by Washington DUI attorneys to avoid a judge who the attorney or client does not believe can be impartial in the case.  This “affidavit” allows either the attorney or the client to remove one judge from the case.  It can only be used once in any criminal proceeding.  This means if you remove one judge, you can’t later remove a second judge. The Washington State Legislature passed legislation that went into effect on July 1, 2008. Known as second substitute House Bill (SSHB) 2557, this legislation is intended to further clarify the rules of affidavits of prejudice.

How SSHB 2557 Affected Washington DUI Court Proceedings

When this law went into effect, it changed the landscape for affidavits of prejudice in some courts in the Seattle, Washington area, because it established four legal issues that are not considered discretionary. These concerns for DUI attorneys are 1) the arrangement of the calendar; 2) The setting of an action, motion, or proceeding for hearing or trial; 3) the arraignment of the accused; and 4) the setting of bail or conditions of release. This means that you may still remove a judge even if they have  handled your arraignment, set your pre-trial conditions, set your trial dates or set the jury calendar.

Under the new law, if an affidavit of prejudice against a judge is filed in a timely manner, he/she is barred from setting bail, handling motions, overseeing a trial, determining sentencing or performing reviews.

However, we are uncertain if all judges are going to agree with this reading of the statute and we are fearful that some judges, once affidavited, will continue to make bail decisions on the case.. A timely filing of affidavit of prejudice is supposed to deny a judge any authority to act in a matter. We believe that once a judge has been affidavited that judge can no longer make any decision on the case.

Facebook Post Caused a More Severe DUI Sentence

You may want to be careful about what you post on Facebook. It isn’t quite a private as you may think. One 17- year old, Ashley Sullivan, found herself being sentenced as an adult because the judge was troubled by the message he saw in her Facebook posting.

Sullivan posted the photo with the title, Drunk in Florida, just a month after the she crashed into a brick pillar at an estimated speed of 56 mph in a 30 mph zone. The impact killed her boyfriend. Her blood tested 0.13%, above the legal alcohol limit of 0.08%.

Sullivan pled guilty to criminally negligent homicide and misdemeanor driving while intoxicated. She faces six month’s jail time and five years probation during which time she will be monitored for any alcohol consumption.

She also faces a wrongful death suit from the family of the young man who died in the crash.

Learn more about how the Facebook posting contributed to this woman’s DUI conviction.

DUI arrests by Seattle police officers are charged by the Seattle City Attorney’s office in Seattle Municipal Court. Like all courts, Seattle Municipal Court has its own quirks, which can be frightening to the inexperienced. Learning something about the procedures you or your loved one might face in Seattle Municipal Court can help you feel more comfortable and prepared to appropriately handle your case.

First Court Appearance: The Intake Hearing

In Seattle Municipal Court, the first appearance is called an intake hearing rather than an arraignment. These hearings are typically scheduled at 9:00 a.m. in courtroom 302 at the Seattle Justice Center. However, occasionally, a case is assigned to a Saturday intake hearing which take place at a courtroom in the King County Jail.

At the intake hearing, you will be asked to enter a plea to the charge. You should plea NOT GUILTY. After accepting your plea, the judge will address what, if any, conditions should be imposed on you while the case is pending.

It is common for Seattle DUI prosecutors to request that anyone accused of a Seattle DUI post bail. If the judge agrees, you could be taken into custody from court until you are able to arrange to have bail posted. It is important to discuss this scenario with an attorney experienced with Seattle DUI cases so that you can be prepared and avoid being booked into jail. We recommend that you come to court prepared to post bail. We can discuss this with you further and help make arrangements with a reputable bail bondsman.

Additionally, Seattle DUI prosecutors regularly ask for other conditions to be imposed on drivers accused of DUI. These conditions can include an order that you not operate any vehicle unless it has an ignition interlock device installed.

Finally, in some cases, Seattle DUI prosecutors have been known to recommend the installation of alcohol detection devices in the home of a driver accused of a Seattle DUI and place the accused under house arrest. And judges in the Seattle Municipal Court are known for imposing these restrictions-even on first offense DUIs.

We recommend that you contact a DUI attorney immediately, so you have representation at this first court appearance. Otherwise, without representation, you are more likely to face one of the harsher release conditions.

Second Court Appearance: DUI Pretrial Hearing(s)

The first pretrial hearing (yes, there can be more than one) is typically scheduled about one month after your intake hearing. During this time, an experienced Seattle DUI attorney will obtain the police reports, witness statements, possible video evidence and start negotiations with the prosecutor. Your DUI attorney will look for problems with the evidence that empowers negotiating for a reduction in the charges or even dismissal. Your DUI attorney may also negotiate a DUI reduction based on equitable reasons such as a clean record or a low breath test.

It is common that your case will not be ready for resolution at the first pre-trial hearing. Your attorney may need additional time to obtain additional evidence and/or negotiate further with the prosecutor. Typically, Seattle DUI cases are continued at the first pre-trial hearing another 30 or so days.

Ready for Trial: Readiness Hearing

If it is not possible to resolve your case at the pre-trial hearing stage, youyou’re your attorney may elect to set the case for a trial. If so, the Seattle Municipal Court judge will schedule a readiness hearings one to two weeks before the scheduled date for your Seattle DUI trial. Seattle Municipal court does not require your presence at this hearing unless you have failed to appear at one of your previous court appointments. This hearing gives both the prosecutor and your defense attorney the opportunity to ask for a continuance if they are not ready to go to trial. It is also not unusual for cases to be continued at readiness due to scheduling issues with witnesses, the court, or the attorneys.

Evidence Suppression & Legal Issues: Motion Hearings

Seattle Municipal Court likes to be efficient. Often, instead of scheduling a separate hearing to hear arguments on pretrial motions, Seattle judges prefer to hear the motions on the day of the trial. They are willing to hold the motions hearing prior to the trial date if the motions might resolve the case and make a trial unnecessary.

A motions hearing in a DUI case gives the DUI Prosecutor and your attorney the opportunity to bring legal motions before the court connected to the case. In the process of defending you, your DUI attorney will move to have evidence suppressed or limited.

Trial: Judge or Jury

A DUI trial in Seattle Municipal Court can be a Judge (or Bench) trial or a Jury trial. A Bench trial is before a judge who will listen to all the evidence and the arguments of the attorneys and make a decision about guilt. A Seattle DUI Jury trial would be heard by six people from the community who will make the final decision about guilt.

A trial for a Seattle Municipal Court DUI may take many days to complete. It is common for the court to schedule several trials for the same day. Plan on waiting hours, and even days before your DUI case is resolved.