Recent Change to DUI Law

Recent Change to DUI Law

Starting this Thursday at midnight, if you are arrested for a DUI, your vehicle will be impounded with a mandatory 12 hour hold.  Generally, defendants who are arrested for a DUI are released from custody rather than taken to jail.  If this happens to you, you will not be able to reclaim your vehicle right away.

Up until now the vehicle was released to another person to avoid towing and impoundment charges.  This will not happen now.  Even if the vehicle is owned by someone else, it will be towed.

Under the new law, the impounded car will be held for 12 hours. There are three exceptions in the law: If the car is owned by someone other than the person arrested, such as a business owner, the owner can reclaim the car at the impound lot; a registered co-owner can claim the car; and commercial and farm vehicles can be reclaimed by the legal owner as long as it is not the person arrested.

The thinking behind this new law is that a person under the influence could leave the police station and return to their vehicle.  This might put an unsafe person back on the road.  This happened in Whatcom County back in 2007, and a person was seriously hurt in an accident.  That person sued the county and the State Patrol, and subsequently won $5.5 million in a lawsuit.  The jury found the state patrol negligent because the woman took a cab back to her car after being arrested for drunken driving.  She was involved in the injury accident after she was returned to her car.

The result of this new law will, in theory, make the road safer from drunk drivers.  In all those cases where the driver was innocent of the charge, they will incur the cost of towing and impoundment regardless of their condition.  Further, they will be unable to retrieve their vehicle until the 12 hour hold is up.

A Timely Reminder

A Timely Reminder

                I’m sure that I sound like a broken record, but there are a couple of things we all need to keep in mind when dealing with the police.  As often as I’ve talked about this in the past, I still see several people every week that did not get the message.

                If you are detained by the police, you should always be courteous in your behavior.  Officers of the law are like everyone else, they respond better to people that are respectful and pleasant.  I have seen clients that spend a day or two in jail just because they were rude and obnoxious when confronted by the police.  It costs nothing to be nice, and you will always be better off for having made the effort.

                This may sound like a contradiction, but you need only be as cooperative as the law requires.  You have constitutionally protected rights, and you should use them.  You do nothing wrong when you ask to speak to an attorney before you make any statements to the officer.  (It is appropriate to provide you name, address, identification, vehicle registration, and proof of insurance).  If asked questions about your condition, what you have been doing, how much you have had to drink, etc. you may politely ask to speak to an attorney before you answer.  Do not take any “tests” or volunteer any information before you speak to an attorney.

                It may seem that the officer is just “making conversation” with you, but, believe me, everything you say and do will be used against you if you are charged with a crime.  Much of what you may be asked to do is directly calculated to gather evidence against you.  I have seen my share of police reports, and too often the officer used your statements and performance in these tests to establish his or her probable cause for your arrest.  Further, it is often the case that this information is used at trial to establish your guilt.  You need not incriminate yourself, and you should be careful that you aren’t “tricked” into helping make the case against you.

                I have heard many people charged with a crime tell the same story.  “The officer said that if I cooperated, I would able to go home and that everything would be alright.”  Then, when the subpoena came in the mail, and they see the police report, they find that all the “cooperation” has been used against them.

                Most of us were taught to respect police officers, and to tell the truth.  I’m not suggesting any disrespect, only that you not do yourself harm when you have the legal right to remain silent.  I’m not suggesting that you lie, only that you wait until you have spoken with legal counsel before you discuss the situation with the officer.  Knowing your rights is a great way to keep from being your own worst enemy. 

Child Support ~ When Does it Need to be Changed?

Child Support – When Does it Need to be Changed?

               Washington law allows for the modification of child support every two year, and, given special circumstances, more often.  The reality for most people is one or two modifications over a period of many years.  I often hear parents say that it just seemed like too much hassle to go through the modification process - especially if the first time was traumatic.  It’s not uncommon to see child support orders that are 10 or more years old.

               The first thing that you need to know is that, in most cases, if you wait you are not able to go back in time when the order is adjusted.  I recently met with a parent that had been underpaid on support for 8 years to the tune of over $500 a month.  The child missed out on $48,000 in support that could not be recaptured.  This kind of delay can cut both directions.  I have seen many cases where the parent paying support lost his or her job or had a dramatic reduction in pay, but kept on paying the higher support amount.  The result is often serious damage to that parent’s standard of living, and a downward spiral of debt.  Again, when the case is finally taken in for modification, the court will almost never make the modification retroactive.

               It just makes sense to include in your Order of Child Support language that provides for the exchange of financial information every year or two.  After parents have been separated for a while, it can be very difficult to estimate the other parent’s income.  By exchanging financial information, it makes it much easier to make a decision on whether to seek a modification.  If your Order does not include this language, parents are often willing to voluntarily exchange this information.  Voluntary cooperation can often avoid legal action and the cost of hiring an attorney.

               If you haven’t looked at your child support order in some time, it might be a good idea to have the Order reviewed.  The amount of support paid should be fair to all parties, and a periodic review can ensure that the amount of support is consistent with Washington State law.