Seattle Traffic Lawyer | IRLJ 6.6 Uncovered

Before I was a full fledged Seattle traffic lawyer and wanting to learn about the business, I would often go down to traffic court and just watch for an hour or so. This was before I had any idea of the traffic rules and regulations, the procedural rules, or any of the other things you really need to know to be a good Seattle traffic lawyer. And I was always mesmerized by one exchange I heard over and over again but never really quite understood. It went something like this:

(Court calls the case)

Traffic Attorney: "Good morning your honor. Before we begin I have a preliminary motion to dismiss pursuant to IRLJ 6.6. The SMD certification is noncompliant."

Judge:(shuffles through a book) "Are you attesting to have done a thorough search of the records as an officer of the court?"

Traffic Attorney: "Yes, your honor."

Judge: "Very well. Case dismissed."

After hearing this several times I was intrigued by what the IRLJ was, what 6.6 was, and how this simple saying could result in so many dismissals. So I checked it out. And what I found was what you might expect, the procedural rules for traffic court.
Let the Seattle Traffic Lawyer Blog explain a little.

It turns out IRLJ stands for Infraction Rules of Limited Jurisdiction, which, translated, means the traffic court procedural rules. These are the rules the court must follow when conducting a contested hearing, the rules the attorneys must follow when entering their appearance, asking for discovery, and other procedural things, and the rules required for filing tickets. Included in these rules are numerous ways to get your Seattle speeding ticket dismissed, one of which is IRLJ 6.6.

IRLJ 6.6 is entitled, "Speed Measuring Device: Design and Construction Certification." What it does is allow speeding tickets in Seattle and throughout the State of Washington that were issued using radar technology to be handled in an efficient and timely manner. See, thing is, when a radar gun is used to bust you for speeding, before that information can be admitted into evidence in court, the officer or the prosecutor have to prove to the court that the evidence is reliable. This means they have to show that the radar unit was properly calibrated on that day, the it was used properly, and that it was maintained in a manner that makes its reading on the day you got busted reliable.

The first two things the cop can do, but the third one must be done by the person that maintains and tests the guns as required by the maintenance schedule. In the past this had to be done by having the technician come in and testify about the maintenance upkeep. But IRLJ 6.6 allows for the technician to file a sworn affidavit about the maintenance requirements and the last time maintenance was performed on the specific radar gun. Because of this, however, IRLJ 6.6 has some fairly strict rules regarding filing with the court and accessibility that, if not kept up, result in the dismissal of your Seattle speeding ticket.

Here is the text of the rule, with the actual certification language held out (if you want to see it, you can go here to check it out):

(a) In General. This rule applies only to contested hearings in traffic infraction cases.

(b) Speed Measuring Device Certificate; Form. In the absence of proof of a request on a separate pleading to produce an electronic or laser speed measuring device (SMD) expert served on the prosecuting authority and filed with the clerk of the court at least 30 days prior to trial or such lesser time as the court deems proper, a certificate in substantially the following form is admissible in lieu of an expert witness in any court proceeding in which the design and construction of an electronic or laser speed measuring device (SMD) is an issue:

(c) Continuance. The court at the time of the formal hearing shall hear testimony concerning the infraction and, if necessary, may continue the proceedings for the purpose of obtaining evidence concerning an electronic speed measuring device and the certification thereof. If, at the time it is supplied, the evidence is insufficient, a motion to suppress the readings of such device shall be granted.

(d) Maintaining Certificates as Public Records. Any certificate, affidavit or foundational evidentiary document allowed or required by this rule can be filed with the court and maintained by the court as a public record. The records will be available for inspection by the public. Copies will be provided on request. The court may charge any allowable copying fees. The records are available without a formal request for discovery. The court is entitled to take judicial notice of the fact that the document has been filed with the court. Evidence will not be suppressed merely because there is not a representative of the prosecuting authority present who actually offers the document. Evidence shall be suppressed pursuant to subsection (c) of this rule if the evidence in the certificate, affidavit or document is insufficient, or if it has not been filed as required.

So, it is pretty clear that if the information is inaccurate, shows that the maintenance wasn't up to date, or the records weren't with the court as required, the judge must dismiss the Seattle traffic ticket. And this happens often, which is why you hear speeding ticket attorneys in Seattle talking about it so much.

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If you aren't a Seattle traffic lawyer or the guy directly affected by this new court decision handed down by the Washington State Court of Appeals on Monday, then you probably don't care much about the decision. But if you are ever involved in a Seattle traffic accident where someone is injured and the cause of the accident is merely a traffic infraction (failing to yield, for example), then this decision could dramatically affect your life, for the better.

This entire case started with a tragic sequence of events. A guy is driving a van in Seattle, on a September morning in 2006. He is not drunk. He has not been taking any drugs. My guess is he was working or was driving to work. He was driving down the street in a southbound direction. It was a two way street, so traffic was coming at him in the other land in a northbound direction.

The guy needed to make a left turn, so he waited for all of the traffic to clear, or so he thought. What he didn't see was a lady on a bicycle proceeding in the northbound direction as well. As he started to make his left turn, she was crossing the street. He didn't see her until it was too late. Even though the lady was wearing a helmet, she suffered head injuries and died later that day. As he should have been, the driver was cited for failing to yield to oncoming traffic, a traffic citation, not a criminal act.

Over the next few months, King County looked into the possibility of filing criminal charges but decided against it. They have good Seattle traffic attorneys there, and they know that the legislature, several years ago, decriminalized traffic infractions (I say to make them easier to win and to save money on supplying attorneys to defendants) to make the process more efficient. The only possibility they really had was vehicular manslaughter, but that was ruled out because there was no evidence the driver was under the influence of alcohol or drugs at the time of the accident. So they passed.

But, the City of Seattle, in all of their infinite wisdom, didn't think it was good enough to just let people live with the horror that is being the negligent party in a traffic accident. They wanted to criminalize the accident is serious injury was involved. So they passed a new assault statute. And I'm pretty sure this was the first case that was filed under that statute. And there was good reason why.

Since the driver had a competent Seattle traffic lawyer, it was obvious from the outset that the statute was invalid. It clearly criminalized a traffic infraction, which was specifically prohibited by the Washington State Legislature. But, when a motion to dismiss was filed, the trial judge balked. So, it was appealed to King County District Court, where the law was held invalid, and the charges ordered dismissed. Not satisfied with that, the City appealed it up to the Court of Appeals, which issued their ruling on the case on Monday. You can read the opinion here.

In a nutshell, this is what the Court of Appeals had to say:

Yielding the right of way is an act required by Title 46; or stated alternatively, turning left in front of a bicycle or other type of vehicle is an act prohibited by Title 46. However stated, Wilson's act -- whatever its consequence -- is only a traffic infraction under state law unless accompanied by the additional elements that would make it vehicular assault or vehicular homicide or driving while intoxicated or one of the other criminal offenses recognized in the exceptions under RCW 46.63.020. Seattle cannot classify failure to yield the right of way as a criminal offense merely by defining the "act" in a way that encompasses a particular result of the act.

Result? Law struck down. Driver released. Case closed.

But you should take this as a warning if you drive a vehicle in Seattle or anywhere else. If you get in trouble, don't wait to hire a good Seattle criminal attorney or a good Seattle traffic lawyer. Having legal representation can make a huge difference in your case. If nothing else, you should at least consult with a lawyer before making any decisions. At least then you will know your options and the consequences you face.

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As a Seattle traffic lawyer, I am constantly looking for ways to learn more about the breath test machines that plague my Seattle speeding ticket clients. And believe me when I say there is a lot to learn, if for no other reason than there are so many unknowns out there. We aren't necessarily given unrestricted access to experiment with these things, and some of the important stuff we need, like the source code for the machine (think the brains) is off limits, at least for now.

But, for someone less affected by the breath test machine, it might be nice to know what happens if you are asked to take the DataMaster breath test. The procedures, time lines, what the Seattle cops will say and do (and not do) and what you should do during the test.

And before I begin the post here at the Seattle Traffic Lawyer Blog I want to point one thing out - a universal truth if you will. If you are asked to take a breath test down at the station (always refuse field sobriety tests and portable breath tests - always) always always always demand that you speak with a Seattle traffic lawyer, even if it is a public defender. They are going to be able to assess your situation much more accurately than you and give you good advice on how to proceed.

Now, back to the test overview. The DataMaster is an interesting machine because it is always running. There is no warm up time, no on switch like a computer, or anything. It is just waiting to send someone to jail needlessly (okay, I threw that in there on my own). The only thing holding you back from taking the test when you walk in the door is the 15 minute observation period the police must do on you before they give you the test (and, if you can, make sure the Seattle police are actually watching you - or aren't - this is something that can get the test thrown out, which means you beat your Seattle speeding ticket). The observation period starts with the officer entering the time the period started into the machine.

After this, the officer will enter some of your background information into the machine (none of which affects the results like body weight, core body temperature, or breath temperature, but we'll worry about that later) so it can enter your information into the database. At this point the officer's role is pretty much over, except to give you the notices required and to make sure you actually blow into the machine.

Now the machine is ready to rock and roll. The first thing it does is clear the air chamber of air and replace it with outside air. It checks this air to make sure there is no alcohol in it, and does this a few times throughout the process. I'm not sure if there has ever been a test that has not been .00, which I'm not sure if I find curious or not (is alcohol ever in the air around us?).

After this the test is ready for you. It will check to make sure it is working properly internally (some infrared stuff), and ask the Seattle police officer if you have agreed to take the test or refused. If you agree, you have two minutes to give an acceptable breath sample for testing. If you don't give an acceptable sample within two minutes, the machine will ask if you refused (I would not suggest trying to fake the machine out - if you are going to refuse just do it outright - it looks better to the jury and is easier for your Seattle traffic lawyer to explain).

Once your air sample is accepted it is analyzed and a piece of paper is spit out that shows your breath alcohol content. If it is above .08, get on the phone, because you will need a Seattle traffic attorney immediately. Actually, even if it is below, you better get on the phone, because you still aren't off the hook for Seattle DUI.

After this, the machine reads what is called an "external standard" to make sure it is reading breath alcohol correctly. A solution of alcohol air is put into the machine that is at a known quantity (.10). The machine must return a reading of between .09 and .11 for the test to be valid (can you see the ways racking up that a breath test might be thrown out if you have a thorough Seattle traffic attorney).

Once this is done, you must do the whole thing again, and your two samples must be within 10% of each other to be a valid sample. Interestingly enough, the State patrol reports that roughly 11-20% of the tests are outside the sample parameter requirements (this means roughly 1 in 5 tests is invalid - I guess a breathalyzer is kind of like a Seattle DUI attorney - you get what you pay for!).

After the second sample, the machine will take a final room air sample to make sure it comes back at .00. After that the information is downloaded into a main computer that stores all of this information.

So, now you know.

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One of the things that makes me want to slam my head against the wall as a Seattle traffic lawyer are the actions some of my clients take when they are pulled over by Seattle cops. Some of the things they do are just incredible to me, although to the average person they may seem normal.

For example: talking to the Seattle police about what you've been drinking or where you've been all night; agreeing to take field sobriety tests; agreeing to take a portable breath test; and taking the breathalyzer test before discussing your options with a traffic attorney. Each of these things are classic mistakes that cops feed on when investigating a Seattle DUI to make sure they have you dead to rights when you do actually get a Seattle lawyer to help you with your case.

And the funny thing is that a lot people it seems almost feel bad about learning about their rights, particularly when it comes to learning your rights when it pertains to beating a Seattle traffic ticket. I think that happens because people don't want to feel like they are engaging in criminal activity, and that it will never happen to them. That is the thing about Seattle speeding tickets - they can happen to anyone at anytime, and you need to be prepared to fight for your rights, because the cops aren't there to help you.

I'm putting together a PowerPoint presentation and am thinking about entitling it "how to beat a DUI," but I don't want to scare people off who need to know this information but are hesitant because of the title. Got any suggestions? I'm more than willing to listen.

Bottom line, if you are cited with a Seattle speeding ticket you need to have a Seattle traffic lawyer on call that you can talk to. Don't wait until it happens, have someone that you trust that will help you when you need it.

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Seattle Traffic Lawyer | Field Sobriety Tests

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Seattle Traffic Lawyer | Don't Take Field Sobriety Tests

If you are like me (not a Seattle traffic lawyer, but a normal person), you've heard a lot of information about Seattle speeding tickets. Some from friends as anecdotes (I heard this time), some from television specials and reports, and some from the Internet. Well, we're here today at the Seattle Traffic Lawyer Blog to dispel a rumor, or confirm a rumor, depending on what you believe, regarding field sobriety tests.

Before I get into it, though, let me give you a little historical background for your information. We all know about the Constitution. We all know that the Constitution gives us certain rights. We all know that when we are arrested we are told that we have certain rights. Those rights are, the right to remain silent (also known as, Constitutionally, the right to be free from incriminating yourself in a crime), the right to an attorney, and that if you cannot afford a criminal attorney a criminal attorney will be appointed to you. For today, we are focusing on that first one, the right to remain silent.

You may not know this (some judges don't even get this concept) but your Constitutional rights are alive and well before you are arrested and the rights are told to you. What I mean is, you have a right to remain silent from incriminating yourself the very moment you are reading this post. Your rights don't begin once you are arrested. They are always alive, and you can always exercise them, at your discretion.

Now back to field sobriety tests. When you take field sobriety tests, what you are doing is providing the officer information that he is planning to use against you at a later time. In essence, your bodily movements are "speaking" to the officer by providing him information on you sobriety. Because the actual language of the Constitution reads that one is free from incriminating themselves, this includes providing information from bodily movement. So, essentially, if you consent to field sobriety tests for a Seattle DUI lawyer, you are waiving your right to be free from incriminating yourself. This is a right you do not want to give up.

So, if you are arrested for Seattle DUI, you are guaranteed to have a better chance at resolving it in your favor if you don't talk to police and don't do field sobriety tests. Assuming you hire a good Seattle traffic lawyer, your chances of a good resolution to your case are very good. If you are charged with a DUI or need a Seattle traffic lawyer give us a call today.

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As a Seattle traffic lawyer, I think it's interesting the things you read about in the newspaper and the questions it raises about people's state of mind and level of reasoning when the decide to do something. I read in the newspaper today, here, about a man charged with burglary in Seattle. The charges stem from his alleged breaking and entering a Seattle church. And it wasn't to steal anything.

In what will probably qualify so far as the surest case for Seattle traffic lawyers to request a psychiatric evaluation, the guy broke into the church through a window. The thing was, when he broke in, he was naked. And he broke in by breaking a window. And he cut himself. And he has Hepatitis C. And he proceeded to smear his blood all over the church. I think for purposes of the burglary statutes, he probably will be charged with second degree burglary, which is unlawfully entering a building and committing a crime (without a deadly weapon and without assaulting anyone). The story also reports that he will likely be charged with malicious mischief, which is intentionally causing damage to the property of another, with the degree depending on the amount of damage done. It appears that before this guy broke into the Seattle church he bashed the windshield of a car in, jumped in, and smeared his blood all over the place too.

The story mentions that drugs were likely a factor in the incident, and that he had been released from jail only one day earlier. I run into people all the time suffering from substance abuse. And although the effects are often not as destructive as this, they are hard cases to handle because it really is a disease that needs to be treated (and one that, sadly, is never truly "cured").

Let's just hope this guy gets the help he deserves, pays back the Seattle church and car owner for the damage he caused, and puts his life together.

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Seattle Traffic Lawyer | Overview of DUI Law

If you are in need of a Seattle traffic lawyer, you are probably suspected of having committed a violation of at least one law. I figured that since you are accused of something, you might as well know what the law is. Today I'm going to discuss Driving Under the Influence as defined in the RCW 46.61.502.

In layman's terms, driving under the influence, or DUI, occurs when consumes so much alcohol or uses so much drugs that it impairs their ability to properly operate a vehicle. As I'm sure you know, the amount of alcohol in your system is often measured by a breathalyzer test, and a measurement of .08 or greater presumes (accepts without question) that you are over the limit of alcohol consumption a safe driver can have. But, the statutes have even more than that.

There are actually three ways a person may be guilty of driving under the influence in Federal Way according to RCW 46.61.502: if a person while driving a vehicle in the State of Washington: (1) has, within two hours of driving, a blood alcohol concentration of .08 or higher as shown by an analysis of the person's blood or breath made under RCW 46.61.506 (this statute discusses all the rules of breathalyzer tests, blood tests, and refusing breathalyzer and blood tests - we'll talk all about this another time); (2) While the person is under the influence of or affected by intoxicating liquor or any drug; or (3) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

What does this paragraph mean? Well, a couple of things. The first thing it means is that the police don't necessarily need a breathalyzer to tell if you are driving under the influence. If, for example, a Seattle, Bellevue, or Kirkland cop pulls you over and after speaking with you and running tests believes you are driving under the influence he can arrest you and then charge you even if your breath test comes back under .08. The police can use their "training and experience" to form an opinion as to your sobriety (those are the kinds of cases DUI lawyers love to defend). The second thing is that DUI is not limited to just alcohol. You can be arrested for drugs too (even prescription drugs, by the way).

Which brings us to section 2 of RCW 46.61.502: 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. This means that just because you were prescribed Valium doesn't mean you can use that as a defense if you were driving after just having taken some. Voluntary intoxication is not a defense.

On to section 3: 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. Wow, that's a mouthful.

What they are saying in this case is that if, for example, you are driving in Federal Way, commit some driving violation, and the police are looking for you, and while they are looking for you (at your home in Kirkland, for example), you get drunk, you can use that as a defense to drunk driving if you are charged with it. There are only two rules to this defense, though.

First, you, the defendant, must prove that it was more likely than not that your drinking after driving is what caused you to blow above .08, and second, that you have to notify the court and the prosecutor of this before they have the omnibus hearing (a hearing where evidence is presented and motions are argued at the beginning stages of criminal proceedings). The law just recognizes that sometimes people drink after they are done driving.

Section 4 was put in there as a last resort in case the police mess up with your original breathalyzer test. It states that breath or blood samples collected after the 2 hour time limit to take the tests has passed may be used to show you were drunk within the two hour time frame after the incident, or that at least you had been drinking for the non-breathalyzer portions of the Federal Way DUI laws. Does it sound a little shady, that the state or city prosecutor could use stale evidence to prove you committed a crime? That's because it is.

Section 5 says that a Washington state DUI is a gross misdemeanor unless section 6 applies. Section 6 says a DUI is a class C felony if: (1) you have four or more prior DUIs in the last 10 years; (2) the person has been previously convicted of: (a) vehicular homicide while DUI; (b) vehicular assault while DUI; or (c) and out of state offense compared to (a) or (b).

That is it for your basic DUI law. If only it were that simple. Stay tuned to the Traffic Attorney Seattle Blog for more information.

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