It's your legal rights

It’s your legal rights – why’s it so wrong to use them?

I have heard criticisms over the years that usually go something like this: Why tell people who have been arrested for drunk driving how to “beat” the system? Aren’t you ashamed to help these people get off? Drunk drivers hurt and kill people all the time, they need to be punished.

Well, to some degree I agree. I’m as concerned about the harm people do to others due to their criminal behavior as anyone else. On the other hand, isn’t it true that a person accused of a crime is innocent until proven guilty? If we take away the rights of people accused of drunk driving, where does it stop? Should people who speed lose their rights because speeders get into more accidents and hurt more people than those who do not speed? Once we start taking away people’s rights, there is no end to the loss of liberty.

We all have certain rights – the right to be silent, the right to speak with an attorney, the right to a jury of our peers, etc. These rights form the foundation of our criminal justice system. We must preserve these rights, and honor everyone’s right to exercise them. Using our protected rights is not “beating the system”, it is making the system live up to its promise to each of us – you are innocent until proven guilty in a court of law.
Thanks for letting me rant a little. I know how frustrating it seems when people get off with a slap on the hand. The truth is, the system almost always works. It is

New DUI Enforcement Campaign

A recent news release from my local paper states that the King County Sheriff and many other local law enforcement agencies are dramatically stepping up their efforts to locate impaired drivers between August 12th and September 6th. What this means for those who may be stopped for driving under the influence is likely months and, often, years of expense, embarrassment, and dealing with the effects of a criminal conviction.

Even a modest amount of alcohol in your system can result in criminal charges. While the legal limit is .08, you can be charged with a criminal offense if the arresting officer believes that your driving is “impaired”. The “proof” of this impaired driving is often based on the observations of the officer and the results of your field sobriety test.

Now you are under no legal obligation to take a field sobriety test, but may people believe that they must do so. There may be exceptions, but I have never seen a “passing” result from these tests. You may be told that you are doing well, but when the police report comes back – guess what? You failed!

The best thing to do is be pleasant and cooperative, but refuse to give any information about your alcohol consumption or agree to take a field sobriety test until you have spoken with an attorney. If you are arrested, you must insist on talking to an attorney – it is your constitutional right. After a private conversation with the attorney provided, you will be able to make much better informed decisions.
You have many important legal rights – use them!

Estate Planning – why it’s the right time

Many people put off their estate planning. It’s understandable, who wants to think about catastrophic illness or death? Despite the unpleasantness, there are good reasons to get your house in order:

1. Think about your family: By getting your estate planning put in good order, the pressure is off your friends and family to make really big decisions. You can direct how you want things done so they don’t.

2. You pick the “decider”: You can pick who you want to make health care, financial, etc. decisions for you in the event you are unable to do so yourself. If you don’t decide, it is likely a court will appoint who ever gets there first to request the authority. Isn’t it better to pick the person yourself?

3. Who gets your stuff: If you don’t take the steps to get your estate in order, the State of Washington will determine who gets your property. Is that really how you want this important decision made?

4. You will feel really grown-up: Get your estate in order, and you will feel really good about yourself. Knowing that everything will be done the way you want it done is a very good feeling.

Parenting Plans can sometimes be frustrating....

How can I have my children with me more of the time?


This is a common question, but the answer is often pretty complicated. When the original Parenting Plan is entered with the court, many parents believe that they can have it changed when ever they want. In fact, it can be very difficult to make major changes in a Parenting Plan. Unless appropriate action is taken, you may be stuck with an out dated and inappropriate Parenting Plan.

Shifting where your children live the majority of the time is a complex process. Even making relatively minor changes in the visitation schedule can be difficult to accomplish. Without experienced legal assistance, getting the changes you want in your Parenting Plan can be both frustrating and unlikely to be successful.

Planning for the changes you desire are best done prior to the school year. Once a child is back in school, it is even harder to get a court to consider a significant modification of the Parenting Plan. There are actions you can take to enhance your prospects of success in any modification action. Now is an excellent time to meet with a family law attorney and discuss your plans.

Summer Time Blues?

Local law enforcement has been cracking down on drinking and operating a motor vehicle or boat. Pierce County just announced over 50 DUI arrests this past holiday weekend.

If you have been stopped for drinking and operation of a motor vehicle, now is the time to take action. With many courts in our area, you might not be immediately charged with the criminal offense. In King County it is not unusual to wait 3, 4, or 5 months before you are formally charged with the DUI.

Even if you have not yet been charged, you are at immediate risk of losing your license. You have a very limited period to challenge the DOL ( Dept. of License) suspension of your license after you are pulled over. Waiting for the criminal charge can mean at least a 90 suspension of your license.

In addition, much can be done to prepare for the criminal charge. A significant delay from the date you are stopped to the date you are charged with the crime can impact your ability to defend against the eventual charge. At a minimum, get a free consultation to learn what your rights are, and what actions need to be taken now.  Call our law office at 253-239-3178  to discuss your situation.

Parenting and Visitation

Parenting and Visitation:


For many parents, their time with their children is often uncertain and difficult to enforce. Although the Parenting Plan in each case should spell out the details of visitation rights for the whole year, often it is so outdated that neither parent has followed the Parenting Plan for years.

If parents fail to follow the Parenting Plan for long enough, it can become unenforceable. This leaves the parents with no easy way to define and enforce their visitation rights. I have often seen people that feel as though they have no control over holidays, special occasions, vacations, etc. It can become impossible to plan anything, because you never know if the other parent will withdraw their consent at the last minute.

It is usually easy enough to get a court to bring your Parenting Plan up to date. Even if the parents are unable to agree on a visitation schedule, a court can order a Parenting Plan that assures you of your time with your children.

It is hurtful to the child and the parent when contact is uncertain, and it is difficult or impossible to plan any events. The prospect of going back to court can seem distasteful, but the damage being done to your relationship with your child can last a lifetime. This problem can be fixed, and the end result can be a significant improvement for both you and your children.

Actions That Make A Difference

In the past , the no phone/no text law while driving was a secondary offense and said that a driver that is violating the text messaging or cell phone law may not be pulled over and ticketed unless they are committing a primary driving offense such as speeding or running a stop sign.

Now that the Governor has signed Senate Bill 6345 into law both text messaging and cell phone use without a hands free device while driving becomes a primary offense. This gives an officer of the law the ability to ticket a driver based solely on the observation of text messaging or illegal cell phone use.
In addition, Instruction Permit and Intermediate License holders will be prohibited from any cell phone use while driving with the usual exceptions for emergency situations. The fine for the offense is $124.

Since 2008, nearly 6,000 people died in crashes that involved distracted driving. Distracted driving applies to anything that takes your eyes off the road, your hands off the steering wheel, or interrupts your concentration while driving. It's no surprise that America's adults are busy communicators.  We're tethered to our jobs even when we're not at work. We're making sure our kids and grandkids are where they're supposed to be. We're trying to manage our households, keep up with our friends, and arrange our schedules. Texting and talking on a cell phone make all of this possible.

Adults may be the ones sounding the alarm on the dangers of distracted driving, but they don't always set the best example themselves. Pew's Internet & American Life Project survey indicates that 58% of adults send or read text messages, and close to half (47%) of those people say they do so while they drive. That means that 28% of US adults admit to texting behind the wheel. Yet, 26% of US drivers aged 16 or 17 report texting while driving. Sure, that's only an overall difference of 2%, but as adults we are supposed to know better.

Young drivers are especially at risk. Young drivers are at risk of distracted driving—especially men and women under 20 years of age. Their lack of driving experience can contribute to critical misjudgments if they become distracted. Not surprisingly, they text more than any other age group and the numbers of young drivers who text are only increasing.

Everyone has a role. We all have a stake in solving this problem and we can all be a part of the solution. We must put our phones down; be a good example to our children, peers, and our community.