Appeal : Kai Nielsen v. Dept. of Licensing, ---P.3d --- (2013).

September 2013

Court of Appeals Rules Portion of Ignition Interlock law Unconstitutional. The Court of Appeals ruled on September 30, 2013, that the section of the Washington State Ignition Interlock law is unconstitutional. This section required drivers who wanted an ignition interlock license to waive their... Read On

Appeal: S.S. v. DOL, 08-2-43489-3 SEA

Superior Court Reverses License Revocation Based On Failure to Provide Client Interpreter: A Superior Court judge has ruled that the DOL hearing examiner erred when she revoked our client's license for refusing a breath test. Evidence established the client did not speak English and needed the as... Read On

Appeal: R.M. v. DOL, 06-2-11815-0.

Superior Court Reverses License Revocation Based On Flawed Breath Test: A Superior Court judge reversed a license revocation where the officer failed to establish a 15-minute observation period before the breath test. The Court held the hearing examiner erred in disregarding evidence from the cli... Read On

Appeal: Lewis v. DOL, 157 Wn.2d 446 (2006)

Supreme Court Rules Police Violated State Privacy Act: The State Supreme Court has ruled that police officers violated the State Privacy Act in our client's case where they recorded a DUI investigation without advising the client he was being recorded. The Court ruled that an advisement of the re... Read On

Appeal: State v. B.J., 06-1-12372-5 SEA

Superior Court Affirms Trial Court Ruling To Dismiss DUI Based On Unlawful Traffic Stop: A Superior Court judge agreed that the trial court was correct to dismiss a DUI charge. A trooper stopped the client's car after he crossed a white line on the roadway one time for only a few seconds. This dr... Read On

Appeal: L.G. v. DOL, #06-2-36094-0 SEA

Superior Court Reverses License Revocation Where Officer Lacked Authority To Compel Breath test: A Superior Court judge reversed a license suspension ruling the officer lacked authority to request a breath test. The evidence was clear the client had been injured and substantial evidence showed he... Read On

Appeal: L.C. v. DOL, #06-2-36893-2 SEA.

Attorney General's Office Concedes Department of Licensing Hearing Examiner Erred in Revoking License: After filing our brief, the Attorney General's Office has conceded that the Department of Licensing Hearing Examiner erroneously revoked our client's license. The record was clear that the arres... Read On

Appeal: M.B. v. DOL, #07-2-20466-1 SEA.

Superior Court Reverses License Revocation After Client Given Inaccurate Implied Consent Warning: A Superior Court judge reversed a license revocation where the client was told his license “could” be revoked if he refused the breath test. The judge ruled the DOL hearing examiner's ruling was erro... Read On

Appeal: State v. B.F., #08-1-13330-2 SEA.

Superior Court Agrees Trial Court Was Correct To Dismiss DUI Charge: A Superior Court judge agreed that the trial court correctly dismissed a DUI charge. The Court ruled that the trooper's investigation of the client was unlawful where the client was parked safely in a transit zone off a highway,... Read On

Appeal: S.A. v. DOL, #08-2-40264-9 KNT

Superior Court Reverses License Revocation Where DOL Failed To Give Timely Notice of Revocation To Driver:  A Superior Court judge granted a writ of mandamus which prohibited the DOL from enforcing a license revocation against our client. The DOL issued a license revocation against the client, bu... Read On

Appeal: J.A. v. DOL, 08-2-23592-1 SEA.

Superior Court Rules Client Was Given Mis-leading Implied Consent Warning:  A Superior Court judge reversed a license suspension ruling that the warning given drivers regarding consequences to their commercial license endorsement was mis-leading and prejudicial. Read On

Appeal: State v. K.W. , 148 Wn. App 952 (2009).

Court of Appeals Reverses Trial Court Order Sealing File: The Court of Appeals has reversed a Superior Court decision that sealed our client's vacated court file. Our client had a criminal conviction vacated and petitioned the Superior Court to seal the file so that it would not appear on an empl... Read On

Appeal: J. A. v. Dept of Licensing, Case No. 09-2-44999-6 SEA.

Court Rejects Claim Implied Consent Warning Misleading Because Issue Was Not Raised at Hearing. A King County Superior Court judge has rejected a driver's claim he was misled by the implied consent warning because he was a commercial driver. While the judge was troubled by the... Read On

Appeal: State v. J.E., 09-1-00440-9.

Superior Court Reverses Trial Court Conviction:  A Superior Court judge has ruled that the trial court erroneously prevented the defendant from applying the “safely off the roadway” defense to a charge of DUI/Physical Control. The Court ruled that city code provisions which attempted to make it i... Read On

Appeal: State of Washington v. Edo Aslanyan, Case No. 63142-0-I (Div. 1).

Court Rejects Prosecutorial Misconduct Claim Where Prosecutor Made References to Anti-Semitism. The Court of Appeals has rejected a prosecutorial misconduct claim where the prosecutor made several gratuitous references to anti-Semitism in closing argument. The defendant ... Read On

Appeal: N. S. v. Dept of Licensing, Case No. 10-2-10775-4 SEA.

Court Rules Due Process Clause Requires DOL to Apply “Safely Off Roadway” Defense to Licensing Hearings. A King County Superior Court judge has reversed a DOL license revocation holding the State violates the Due Process Clause of the 14th Amendment to the U.S. Constitution when the DOL refuses ... Read On

Appeal: State of Washington v. J. H., Case No. 10-1-00109-7.

Prosecutor's Office Concedes Confrontation Clause Violation. Thurston County Prosecutor's Office has conceded on appeal that the district court violated the defendant's Constitutional Right to confront witnesses where it allowed the State to admit into evidence a “proof of se... Read On

Appeal: M. F. v. Dept of Licensing, Case No. 10-2-07992-1 SEA

Court Reverses License Revocation Where DOL Used Evidence Never Offered at Hearing to Revoke License. A King County Superior Court judge reversed a license revocation finding it was based on evidence the DOL had forgot to offer during the licensing hearing. To comport with Due Process any judici... Read On

Appeal: State v. S.W., #10-1-00158-2

Superior Court Rules Conviction Must Be Reversed For Double Jeopardy Violation: An Island County Superior Court judge ruled that two convictions for unlawful hunting of wild birds must be dismissed for violation of the double jeopardy clause of the State Constitution. The client was convicted of ... Read On

Appeal: State v. P.L., 10-1-00006-1

July 2011

DUI Conviction Reversed on appeal : The Skamania County Superior Court reversed a DUI conviction and ordered a new trial in a case where the breath test results (BAC) were improperly given to a jury. The improper admission of BAC evidence was prejudicial to a defendant and the prejudice could not... Read On