What District Attorneys Don't want you to know:
- Not all witnesses are available to ensure proof.
- Some of the evidence in his possession could be proof of innocence.
- Within 3 months of pleading not guilty you have the right to receive a trial by jury.
- He has evidentiary problems in proving your blood alcohol level.
- He's bluffing.
Facts that need to be proven before being found Guilty:
- Your identity
- As a driver
- Of a motor vehicle
- In the state of Washington, while
- Your blood alcohol level was over one of the prescribed limit or
- You were substantially incapable of driving (driving under the influence) or
- You were effected to the slightest degree in your driving ability (driving while ability impaired).
What you must do at the Motor Vehicle Division immediately to preserve your right to drive:
- You only have 20 days to request a hearing from the Department of Licensing to save your privilege to drive. You must request a hearing using the form the officer gave to you at the time of the arrest. DO NOT attempt this hearing on your own.
10 questions your attorney must ask you:
- What your itinerary was prior to arrest.
- Your consumption of alcoholic beverages.
- Your observations of the officer.
- The officer's stated reasons for stopping you.
- Whether the officer asked or ordered you to take roadside tests.
- Your performance on roadside tests.
- Statements you made to the officer.
- What the results were of any breath or blood tests.
- Whether there were witnesses to your arrest.
- Whether you were observed for 20 minutes prior to a breath test.
Why a jury trial is advisable:
- Six people have to agree on your guilt instead of one.
How the arresting officer's testimony can be discredited:
- Inconsistent statements.
- Failure to recollect.
5 requirements which must be followed for chemical and roadside tests to be valid:
- The officer must have had a reasonable suspicion that you were violating the law.
- The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
- The officer must tell you that you have a right to refuse a portable breath test (PBT).
- The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
- The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.
How to determine if you can plea bargain, and at what step you should do it:
- It's a cost benefit analysis. How much do you have to defend your case?
What 4 preliminary motions should be filed:
If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.
- Motion to suppress evidence on the ground that you were unconstitutionally stopped.
- Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
- Motion to suppress statements on failure to give Miranda rights.
- Motion for Discovery of all evidence.
9 defense tactics in pre-trial motions:
- Contest the constitutionality of the stop.
- Contest the constitutionality of the administration of roadside tests.
- Contest the constitutionality of the probable cause to arrest.
- Contest the constitutionality of the Miranda rights.
- Contest the manner in which roadside tests were given
- Contest the use of a Portable Breath Tester.
- Contest the constitutionality of any search and seizure.
- Contest the admissibility of the breath test machine (BAC).
- Contest the admissibility of any blood test.
What is necessary to get a jury trial?
- You automatically have a right to a jury trial.
What are the 4 items crucial to your defense?
- A good investigation of the facts.
- Vigorous cross-examination.
- A sound understanding of constitutional principles.
- An experienced attorney.
What is the one thing your attorney must do to raise objections based on the Summons and Complaint?
- Appear in person for your arraignment.
What are the 2 key pieces of information which must be learned in deciding to go to trial?
- An estimation of the weaknesses and strengths of the State's case against you.
- The effect of a conviction.
What effect will this arrest have on my license and when will I be able to drive?
- If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for 90 days to a year or more. If you are convicted in Court, you may be faced with a suspension, but you may apply for a probationary license. You can drive when you have a valid license given to you by the Division of Motor Vehicles.
How to save your license if you're found guilty in court?
- Request an ignition interlock license if you are suspended.