Pierce County Judge Affirms DUI Dismissal on Appeal

Posted by Ryan Robertson on Feb 13, 2015 | 0 Comments

Recently partner Ryan Robertson won an important appeal victory in Pierce County Superior Court. The judge ruled that our client's DUI case should be dismissed because the officer did not have a lawful basis to stop our client's car.

A frequent issue in DUI cases is what type of driving behaviors can an officer observe to form the basis to make a traffic stop that leads to an arrest. The legal standard is whether the officer has a “reasonable suspicion” to believe the driver is violating the law. Often times, officers refer to a vehicle's “lane travel” as the basis for a stop.

Poor lane travel may be grounds to stop a car, but Washington law is clear that the officer must articulate how and why such driving was dangerous and posed a threat to other drivers. Appellate courts recognize that drivers are often momentarily distracted while driving and so long as crossing a lane line is brief and endangered no one it should not form the basis for a traffic stop. In our client's case, we were successful in having the case dismissed by proving that the officer failed to articulate any danger in our client's driving.

Our office is focused on intelligent and passionate representation for our clients. This focus helps us to achieve the victories like the one in this case. If you have been accused of a crime or have been convicted of a crime we would be happy to speak with you about the rights you have and how our office may be best suited to help you. Please feel free to call us anytime.

About the Author

Ryan Robertson

Ryan is a creative and articulate advocate who limits his practice to criminal appeals and post-conviction relief including vacation, expungement, and sealing of records. He has worked exclusively in the criminal defense field since passing the Washington State bar exam in 1998. Ryan has been recognized as a Rising Star lawyer by Law & Politics Magazine.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Robertson Law

Robertson law logo

The attorneys of Robertson Law have a proven track record of creative and effective advocacy for clients throughout the state of Washington.

Contact Us Today!

Andy Robertson has a proven track record of creative and effective advocacy for clients facing criminal charges throughout the state of Washington. Ryan Robertson's practice focuses exclusively on high-quality creative appellate representation in criminal and administrative matters, as well as expungements, vacation of records, and petitions to seal.