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DUI-Breath Test and No Breath Test

Posted Friday, November 3, 2017 by Andrew Charles Huff

Most people are aware that to commit the crime of Driving Under the Influence (DUI) means driving with an alcohol concentration at .08 or higher. But there is also another definition and that is driving when affected by alcohol and/or drugs. In other words, a person is guilty of DUI if his or her ability to drive is lessened to any appreciable degree, regardless of the quantity of alcohol or drugs in their system.

This means that a person who blows below .08 may be arrested, charged, and convicted of DUI. It also means that a person with no alcohol in their system, but who has some quantity of drugs in his or her system, including prescription medications, may be convicted of DUI. I have represented individuals with very low alcohol concentrations—as low as .05, including senior citizens who have taken only their prescribed medication as ordered by physicians.

Many times the evidence in cases consist solely of the subjective opinion of the arresting police officer, who will be called to express an opinion about the accused’s sobriety state, citing to his or her experience as a police officer. Such testimony can also include roadside tests, otherwise known as Field Sobriety Tests, which are not even designed to measure a person’s ability to drive. These tests are no more than physical exercises designed to create imbalance, but spun to convince a jury that they test impairment, when this is not the case.

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Speed Measured by RADAR

Posted Wednesday, October 25, 2017 by Andrew Charles Huff

RADAR stands for Radio Detection And Ranging, and is a general term for determining the range, angle, or velocity of objects. Modern traffic radar uses the Doppler effect, which is an increase or decrease in the frequency of waves traveling between an observer and an object. Light also travels using wavelengths and this is how law enforcement officers measure speed.

When measuring for speed, a Trooper will typically use an SMD to direct a beam of light toward an object. The SMD measures the time it takes for the beam to be reflected back to the device. This split-second measurement tells the Trooper the object’s estimated speed.

Law enforcement officials typically measure speed in three different scenarios: while stationary on the side of a roadway, while in a moving motor vehicle, or from an overhead aircraft.

While stationary, an officer will simply aim an SMD at the vehicle to detect the actual speed and confirm their suspicion.

If an SMD is mounted in a moving motor vehicle, the device will measure the difference in speed between the moving police or patrol car and the suspect vehicle. The device will then attempt to calculate the true groundspeed of the suspect vehicle.Vehicle speed can also be measured and enforced by a stopwatch or GPS mapping system in overhead planes.

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Speeding Ticket Dismissed

Posted Wednesday, October 25, 2017 by Andrew Charles Huff

Great outcome in Burien District Court last week. My client insisted she was not driving over the speed limit and wanted to fight this ticket. After reviewing the officer’s reports, I then checked the service records for the radar gun used in the stop. And guess what? The radar gun hadn’t been serviced in almost THREE years, violating their protocol of an annual tune-up for this speed measuring device. Case dismissed!

King County District Court-BurienOctober 18, 2017

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Should I Hire a Criminal Defense Attorney?

Posted Saturday, October 21, 2017 by Andrew Charles Huff

If you are even considering this question, you should consider contacting an experienced Seattle defense attorney who can fully review your situation and advise you on your next steps.

Most likely, if you are asking this question either you or someone you know and love has recently been arrested and is facing criminal charges or you think you or someone you love will be soon facing criminal proceedings.

If either of these is true, you better believe the prosecutors will come well prepared with experienced lawyers fighting on their behalf, why shouldn’t you have the same benefit?

When dealing with any type of case, whether it is a traffic problem or a serious felony, an aggressive defense lawyers can make a difference in the outcome. So get a running start and contact an attorney as soon as possible.

I will meet with you for a free to discuss your case and answer all your questions. I will take the time to listen to you and help you resolve whatever issue you are facing.Call me today and let’s talk about your case.

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Misconduct by the Government…But Not Prejudicial?

Posted Saturday, October 21, 2017 by Andrew Charles Huff

Our State Supreme Court just ruled the Government disclosing their Toxicologist witness the morning of trial was misconduct, but had not prejudiced the defendant in this case.
The Court noted the prosecution had disclosed the names of nine toxicologists from the lab five months prior to trial, narrowing this list down to three the day before trial and to one the morning of trial. The Court reasoned that counsel had had ample time to prepare to cross-examine all nine toxicologists and all nine would have provided substantively similar testimony. No actual prejudice was found in this case.

However, the Court did show their displeasure that the prosecutor tried to minimize their discovery obligations and this appeared to be the standard operating procedure for the state toxicology lab.State v. Salgado-Mendoza:

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