DUI drivers in Washington may have special plates

DUI drivers in Washington may have special plates

The Associated Press • Published February 14, 2011
OLYMPIA, Wash. – Washington drivers with a record of drunken driving
could be required to have special license plates designated with the
letter Z.

Legislation introduced by Rep. Norma Smith of Clinton would require
that drivers pay an additional $100 for the Z-plate, which would be
good for three years. The drivers would be allowed to drive only a
vehicle with a Z-designated plate.

The Z would appear as the last symbol at the end of any sequence of
license plate letters and numbers.

Motorcycle riders with a drunken-driving offense also would be
required to have a Z-license, but the special charge would be only
$25.


http://www.theolympian.com/2011/02/14/1543454/dui-drivers-in-washington-may.html
 

Washington Lawmakers propose harsher DUI penalties.

 By MOLLY ROSBACH | Associated Press • Published February 14, 2011

OLYMPIA, Wash. – Law enforcement officials and families of drunken
driving victims rallied on Monday in support of several bills
proposing stricter penalties for DUI convictions, asking lawmakers to
hold offenders responsible for their actions.

Friends and family members of people killed by drunken drivers say the
potential costs to the justice system could not be more important than
the safety of other drivers, and that lawmakers need to hold offenders
accountable.

"You have not done enough to protect victims in this state," said
Erica Benge, whose friends were killed by a drunken driver last year.
"We need to get these people off the road."

But opponents to the bills argue that laws targeting DUI offenders
need to focus on prevention and treatment, instead of more
cost-incurring jail time, which many smaller jurisdictions cannot
afford.

Lawmakers in the House Judiciary committee heard testimony on a slew
of bills that address a range of DUI-related issues, including longer
sentences for first-time offenders and the required installation of
ignition interlock devices for convicted negligent or reckless
drivers.

A bill presented by Rep. Orcutt, R-Kalama, would raise the seriousness
level of vehicular homicide and vehicular assault and enact longer
sentences accordingly. Vehicular homicide would be equated to
first-degree manslaughter. In most cases of vehicular assault and
homicide affected by the change, the bill would more than double the
sentence length imposed under current law.

The bill also proposes that sentences be served consecutively, not concurrently.

Orcutt reminded listeners of a case last summer when a couple was
killed by a drunken driver while on their motorcycles. The offender
received less than four years for causing the deaths of two people, he
said.

"The sentences did not fit the crime," he said.

Rep. Steve Kirby, D-Tacoma, proposed a bill to impose harsher
sentences on first-time DUI offenders. For offenders with a
blood-alcohol level of 0.15 or lower, the minimum would increase from
one day to three days, and for those over a 0.15 level, the minimum
would increase from two days to one week. Offenders would pay the cost
of incarceration.

Patricia Fulton of the Washington Defenders Association argued that
most offenders will not be able to pay for their incarceration, and
those costs will fall upon the city or county to pay.

"We think the cost is too burdensome," Fulton said. "Current law as it
stands is appropriate."

If someone is going to be impacted by a short period of jail time, she
said, they will be impacted by the current one- or two-day minimum; if
they're not, then an increase to three days or a week still isn't
going to solve the problem.

Other bills presented at Monday's hearing proposed including prior
offenses when determining if an offender's DUI should count as a
felony, and requiring that persons convicted of reckless or negligent
driving be required to install ignition interlock devices to ensure
they cannot drive while impaired.

Lawmakers also touched on the establishment of DUI specialty courts,
where nonviolent offenders would go through substance abuse therapy.

The DUI bills are HB 1113, HB 1167, HB 1556, HB 1789 and HB 1646.




http://www.theolympian.com/2011/02/14/1543851/wa-lawmakers-propose-harsher-penalties.html#storylink=mirelated

Horwath Law launches new DUI website

Horwath Law is happy to announce the release of our new DUI website.  For information on the DUI criminal process in Tacoma and Pierce County Washington please visit http://www.horwathtacomadui.com 

High-profile attorney charged with DUI

Prominent Seattle lawyer and TV legal analyst Anne Bremner has been charged with drunken driving, according to court records, despite her claims that she suffered a head injury in a hit-and-run accident and was mistakenly arrested.

On June 4, Bremner, 52, was stopped in Kenmore after driving on three flat tires. She was returning from a dinner party at a judge's home in Seattle. The charge was filed Wednesday in King County District Court in Shoreline. Her arraignment is set for Sept. 1.

Bremner, a partner at Stafford Frey Cooper who often represents police officers accused of misconduct, has been fighting the release of the police report stemming from her arrest after it was requested under open records laws by several local media outlets, including seattlepi.com.

King County Superior Court Judge Laura Inveen ruled last week that most of the records should be made public.

The judge, however, immediately stayed that decision as Bremner's attorney announced an appeal of the decision.

Bremner claims police failed to respond to two 911 calls some time before her midnight arrest in Kenmore and, in a statement submitted to the court on her behalf by her doctor, alleged that she was manhandled by the sheriff's deputy. In a complaint filed under the name "Jane Doe," her lawyer argued she would suffer "substantial and irreparable harm to her personal and professional reputation if the unsubstantiated DUI allegations" were made public.

Her lawyer could not be immediately reached for comment Wednesday.

Bremner frequently appears as a legal analyst on several television networks.

She has been one of the most vocal advocates for Amanda Knox, the University of Washington student convicted of killing her roommate in Perugia, Italy. Knox's attorneys are appealing.

Bremner appeared as a TV legal commentator about several criminal cases with a national profile, including the Laci Peterson murder and Michael Jackson child molestation trial, and she maintains a virtual library of her TV appearances on her website.

She previously contributed to seattlepi.com's City Brights section of bloggers. Seattlepi.com recently ended its relationship with her to avoid any conflict of interest.

To support their contention that Bremner suffered a head injury, her attorneys in the filed a statement by local psychiatrist Dr. Philip Lindsay.

Lindsay wrote in court documents that Bremner had been the "victim of a hit and run driver at 50 mph and had suffered a concussion," and argued that the deputy who stopped her in Kenmore "rushed to judgment."

"She was mistakenly arrested for DUI based solely upon the symptoms of traumatic brain injury," Lindsay wrote the court.

Attorneys for the county called the doctor's statements "grossly misleading" and contended Bremner never reported a hit-and-run crash or head injury until well after her arrest.

Bremner's defense investigator interviewed the dinner party host, Rosselle Pekelis, a former state Supreme Court justice and former King County Superior Court judge. Pekelis, her husband, and others reported no issues with Bremner regarding her balance, coordination or thought process and speech, before she left, according to summaries of their statements.
By Scott Gutierrez, SeattlePI.com

Woman Racks Up 2 North Carolina DWI Arrests in 2 Hours

Separate cops involved with drunk driving stops

A Gastonia woman was charged with driving while intoxicated in North Carolina twice in two hours. Kelly Michelle Ray was stopped around 2:41 am on Sunday for having a burned out bulb over her license plate. The officer conducting the traffic stop suspected Ray was impaired and a breath test revealed a blood alcohol content of .15%. The legal limit for driving while impaired in NC is .08%.
Ray was released on bond for the first DWI arrest. She was picked up by her boyfriend but was taken directly to her 2002 Chevrolet and she proceeded to drive away.
At 4:45 am another Gastonia officer stopped Ray for crossing the center line of a two lane road. A breath test registered a BAC of .10%. With the second arrest, a magistrate ordered Ray be jailed on $5000 bond and held until sober.

Lakewood tries new tactic against prostitutes

Lakewood police say prostitutes are getting more and more street-savvy in their efforts to beat the law.

That’s why city leaders, as part of their ongoing fight against the sex trade, are discussing making it illegal for a suspect to try and detect officers posing as Johns.

The proposed change in law would make it illegal for a person to try to avoid an arrest by exposing herself, touching someone sexually, asking someone to touch her or even asking the potential customer if he’s a police officer.

Lakewood Assistant Police Chief Michael Zaro said the proposal reflects the ways prostitutes have adapted to try to outwit police.

Often they will ask something like, “If you’re not a cop, touch my breast,” Zaro said.

“Tricks like that spread no matter what kind of crime it is,” he said. “It gets asked all the time.”

He told the City Council Monday that the intent of the change is so officers won’t have to touch a prostitute to make an arrest. He said doing so exposes officers to “virulent and bacterial contamination” as well as a “moral gray area” that can make them and family members uncomfortable.

The change could increase the number of officers willing to work undercover, Zaro said.

On the streets, a prostitute can often spot the difference between an undercover cop and a customer by asking for some kind of intimate physical contact.

More often than not, a refusal means the client isn’t legitimate, and the prostitute can stop talking to avoid an arrest.

The officer faces a dilemma: Should I refuse physical contact and risk blowing cover, or should I touch the prostitute against my morals?

The city proposal would allow an officer, after observing the suspected prostitute on the street, to arrest her once she asks the question.

The Lakewood City Council is scheduled to vote on it next Monday. Zaro says the changes are modeled after rules in Las Vegas.

Neither Tacoma nor Fife – which also have had prostitution problems — say they have been asked to take similar steps for their officers.

If Lakewood approves the proposal, it would be the city’s latest effort to curb prostitution, particularly in areas such as South Tacoma Way and Pacific Highway.

Police have made 55 prostitution arrests this year, 31 of which were forwarded to municipal court, officials said. Two cases of patronizing a prostitute have also gone to court this year.

City Attorney Heidi Wachter said those totals are less than in the past, as prostitution cases have generally decreased.

Part of that decrease may stem from sex sold on Web sites such as CraigsList, which has taken some transactions off the streets, Zaro said.

Part of it may owe to the city’s efforts over the last five years, which include stings and operating a “John School,” in which patrons arrested for soliciting prostitutes can get their charges dropped in exchange for learning about the ill effects of the sex trade.

The first class was held in 2005 with eight graduates, although the city hasn’t held a “John School” in a few years, Zaro said.

The city has also worked to tear down or clean up motels where prostitutes would take their clients.

“I think it’s come a long ways since the old days,” Wachter said.

The proposed changes raised some questions from the Lakewood City Council on Monday. Councilman Walter Neary asked about regulating speech instead of conduct.

“It just seems like asking a question is something someone ought to be able to do,” he said.

Councilman Ron Cronk expressed concern over whether arresting a suspect for trying to flush out an undercover cop was enough evidence for a conviction.

Wachter says the law states there has to be an agreement of sex for money. A court also would consider more than just touching, she said, such as whether a person is a known prostitute, regularly loiters in an area known for prostitution, and tries to stop or wave down passers-by.

Zaro said the issue of having to touch a customer has never been a problem for female officers posing as prostitutes.

“When it comes down to John stings, it’s a whole different situation,” he said, adding police are more concerned about undercover female officers being abducted.

The proposal that the City Council is considering would help cops minimize unclean conditions and stepping into a “moral gray area,” he said.

“They don’t have to take that physical and moral risk,” he said.
Brent Champaco: 253-597-8653
brent.champaco@thenewstribune.com

Police say Officer followed protocol in DUI arrest, release before crash

SEATAC, Wash. -- Police in Des Moines are defending their handling of the events that preceded the fiery car crash that killed three people on Wednesday morning.

Ryan and Erika Savage

Friends say 24-year-old Erika Savage, her brother Ryan Savage, 30, and her friend Matt Saunders, 31, died after their SUV hit two trees and a power pole before crashing into a building near the intersection of Eighth and 192nd.

And records indicate just hours before the crash, Erika Savage, 24, had been arrested under suspicion of driving under the influence.

A Des Moines police officer had arrested Erika Savage three hours earlier while she was driving in the vehicle that was involved in the crash, a Lincoln Navigator registered to her name.

"He noticed at the scene that she was extremely impaired," said Des Moines police spokesman Bob Collins.

Video from the patrol car shows Erika Savage inebriated to the point of struggling to stand up. But police say she refused to take a breathalyzer test or give a blood sample to test her alcohol level -- a driver's right in the state of Washington.

Collins says the department's policy is to hold a DUI suspect only if that person is involved in an accident or has an outstanding warrant. Neither exception applied to Erika Savage.

"And at that point in time, his investigation was over. He went ahead and requested her to be transported for medical care because of her extreme impairment," he said.

An ambulance took Erika Savage to Highline Hospital, and the officer gave the car keys to her friend, Matt Saunders.

"He said he had a driver's license. The officer asked him if he had been drinking. He said, "No." And (the officer) noticed no observation or odor of intoxicant, any slurred speech. And the vehicle was released to that occupant," Collins said.

Three hours after the arrest, Saunders and Ryan Savage picked up Erika Savage the hospital, where doctors had no obligation to keep her.

The King County Medical Examiner's Office said that neither Erika nor Ryan Savage was driving the SUV when it crashed. Consequently, sheriff's investigators said it appears Saunders was behind the wheel at the time.

"It's an extreme tragedy. But as far as our involvement in the case, it ended at 1:09 (a.m.) when she was no longer in our custody," said Collins.