We all know the way it works. Some crazy nut job goes out and whacks some innocent person for no apparent reason. Sure enough. Out come the legal guns to blast out defenses like Not Guilty by Reason of Insanity or Diminished Capacity. Next thing you know they walk out...
Month: February 2015
DUI Field Sobriety Tests – The “Eye Test” and its Limitations
There are three standardized tests all officers in Washington are trained to administer during DUI Detection. When I was in my early twenties, my best friend drove me to a New Year’s Eve party. He was the designated driver for the night. He drank one beer. The night...
Evolution of Search and Seizure Law: Blood Draws for DUI (Part 3)
In Part 2 we discussed the constitutional problem concerning admission one’s refusal to submit to a breath or blood test as substantive evidence of guilt. Unfortunately, it seems there is a lack of uniformity among trial courts and judges concerning this issue at this...
Evolution of Search and Seizure Law: Blood Draws for DUI (Part 2)
In Part 1 we discussed how Missouri v. McNeely resolved the split of authorities among jurisdictions in the United States and tended to abrogate a good amount of prior Washington case law. McNeely held that the natural dissipation of alcohol in the bloodstream does...