Yearly Archives: 2016

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Sexual Exploitation Arrest Sting Operation in Seattle

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A sexual exploitation arrest and prostitution sting operation was conducted by the Seattle Police Department earlier in July 2016.  If you have been cited or contacted about a sexual exploitation arrest by the Seattle Police it is imperative you contact a Seattle Criminal Defense Attorney ASAP that has experience in defending these so-called “undercover” sting operations the Seattle Police seem to be doing every year.  This is a very serious offense that has very serious consequences, especially for non-citizens.

Sexual Exploitation Arrest Sting Operation

Here is a little background in this latest sting operation.  The Seattle Police appear to have been working with a massage parlor owner in “luring” their suspects to the location through a series of print and online ads.  Most notably the backpages.com website where this kind of stuff is advertised.

If the suspects were unfortunate to be there getting a legitimate massage or responded to the ad they were all swept up in this raid and placed under arrest under the City of Seattle’s new criminal charge called “sexual exploitation.”  The sexual exploitation arrest evidence looks like nothing more than the “undercover” officer attempting to get the suspect to agree to a sex act in exchange for money.  The “undercover” office, as usual, is the one putting the words in the suspect’s mouth and all it takes is one little nod to get arrested.

Evidence from Sexual Exploitation Arrest Sting Operations

Now as I have said before these undercover sexual exploitation arrest sting operations are nothing new.  It seems the City of Seattle anytime they want to get a little extra money or make a big splash in the paper saying they are zealously arresting investigating these types of crimes they conduct this type of operation.  I have seen these arrests before and have represented clients charged under these circumstances.

Most of the time in my experience the police reports and evidence is nothing more than a few sentences of the “undercover” officer attempting to get the suspect to agree to some sort of sex act in exchange for a fee.  Usually, the “undercover” officer is the one making demands and negotiating the deals while the suspects are just kind of sitting there.  In previous cases, there is no audio or video recording of the conversation.  Just one person’s word against another.

Sexual Exploitation Arrest Sting Operation Previous Cases

The last case I had, about a year and a half ago I was able to get it completely dismissed for this very reason.  The “undercover” officer kept asking my client to go to another location for a sex act.  She kept asking my client to touch her breasts, and she would engage in a specific sex act for a $100.  Not once did my client ever agree to anything to solicit the “undercover” office.  Fortunately for my client, the Judge agreed and dismissed the charge outright.  This truly was an example of being in the wrong place at the wrong time.

Remember if you have been arrested for this sexual exploitation contact the Seattle Criminal Defense Attorney, Matthew Leyba at Leyba Defense PLLC.  We have represented many cases involving similar or the same facts in the past and have the necessary experience to fight these absurd charges.

 

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Are You Up To Date on Washington State DUI Laws?

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All states have varying drunk driving laws. In Washington State, driving under the influence (DUI) laws are among the most strict and enforced in the nation. A driver can be arrested for driving under the influence of drugs or alcohol, and both offenses carry serious consequences including, loss of license, fines, and jail time.

If convicted of a DUI in Washington, you may receive criminal penalties in court and administrative penalties from the Department of Licensing (DOL). The DUI laws and penalties can vary depending on age, blood alcohol concentration, the number of previous offenses, etc. Continue reading as we break down the Washington State DUI laws and penalties.

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BAC Levels in Washington

Most drivers assume you can only be charged with a DUI if your BAC is 0.08% or higher. Although this is somewhat true, the BAC level can actually vary depending on the circumstances. In Washington State, a driver can be charged with a DUI if their BAC is:

  • 0.08%, for anyone 21 years and over
  • 0.04%, for anyone driving a commercial vehicle
  • 0.02%, for anyone younger than 21 years old

The penalties for your DUI charge can also depend on how high your BAC level is at the time of the arrest. Even if your BAC is under the legal limit, you may still be arrested for a DUI-related charge if the arresting law enforcement officer believes your ability to drive was appreciably affected by the alcohol or use of drugs.

If you have been charged with a DUI or related charge, contact a Seattle DUI attorney today.

Washington State DUI Penalties

When arrested for a DUI, you are likely to face penalties from both the court system and the DOL.

Penalties may result from:

  • The initial DUI arrest
  • A court conviction
  • DOL penalties after the DUI court conviction

DUI Penalties after the Initial Arrest

When arrested for a DUI, you will be sent a license suspension notice and the DOL will suspend your license for anywhere between 90 days and 2 years, depending on the condition of the arrest. The license suspension will begin 60 days after your DUI arrest.

After receiving your suspension notice, you will have 20 days to request an administrative hearing. The cost to request a hearing is a non-refundable fee of $375.

A few things may happen at this hearing. If the DOL rules in your favor, you will not face a license suspension from the DOL administratively. Remember, if the criminal charge is not reduced or dismissed, your license still can be suspended. Additionally, it is important to keep in mind that, although you may be cleared of a DUI through this administrative hearing, you can still be convicted of a DUI in court.

Court Convictions

If convicted of a DUI in court, the penalties vary depending on a few different factors:

If your BAC was under 0.15%, penalties may include:

  • Driver license suspension of 90 days
  • 1 day to 364 days in jail
  • Fines of $940 to $5,000

If your BAC was 0.15% or more OR you refused a blood alcohol test, penalties may include:

  • Drivers license suspension for 1 year for BAC or 2 years if the blood alcohol test was refused
  • 2 to 364 days in jail
  • Fines of $1,195.50 to $5,000

If you have had more than one DUI conviction within the last 7 years, you could face increased penalties if you receive a criminal conviction in court.

Washington DOL Penalties After a Court Conviction

If convicted of a DUI, the court will notify the DOL. Depending on the circumstances, the DOL will then suspend your license for as little as 90 days and potentially up to 4 years.

If the DOL has already suspended your driver’s license as a consequence of the DUI arrest, the DOL will credit your suspension for that time.

Ignition Interlock Driver’s License

If your license is suspended but you wish to continue driving, you may apply for an ignition interlock driver’s license (ILL).

In order to apply for an ILL, you will need to:

  • Fill out and submit a Restricted Driver License Application
  • Have an ignition interlock device installed on your vehicle by a certified installer. The installer will send proof of installation to the DOL.
  • Provide proof of SR22 financial responsibility
  • Pay $100 application fee
  • Submit all documents to DOL

All fees and costs associated with the ignition interlock device and license are the driver’s responsibility. This includes installation, maintenance, and leasing fees.  It typically takes DOL 3-5 business days to process the application.

Washington Driver’s License Reinstatement

Once your license suspension period is up and you have completed all court requirements, you will be able to apply for license reinstatement. Reinstatement requirements vary depending on the circumstances and severity of the DUI but license reinstatement requirements can include:

  • Completion of drug and alcohol treatment and/or education program
  • Application submission through the DOL
  • Payment of reinstatement fee of $150

Knowing the DUI laws in Washington state can prevent you from getting arrested for a DUI, or help you fight a DUI if you have been arrested for one. Seattle DUI attorney, Matthew Leyba is the highest-rated DUI attorney in Seattle according to Avvo.com. If you have been charged with a DUI in Seattle, contact Leyba Defense today for a free 60-minute no-pressure, and completely confidential case consultation.

DUI News

A breath test can be disclosed in a DUI jury trial opening statement thanks to recent decision

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Recently the Washington State Court of Appeals Division One expanded on what can be said in an opening statement involving a DUI breath test and to nobody’s surprise it is a very Prosecutor friendly ruling. Traditionally the opening statement by the Prosecution in a criminal DUI jury trial outlines the facts of their case, who and what their witnesses will testify to, and how they will prove the Defendant is guilty beyond a reasonable doubt. In my experience the Prosecutors were never allowed to tell the jury what the breath test reading was because it had not been admitted into evidence yet. Prosecutors would always try and argue they should be allowed to disclose it because it was evidence they reasonably believed would be admitted.

A Breath test can now be revealed in an opening statement

In all the years I have practiced criminal defense I can’t think of a time where a Judge allowed a Prosecutor to disclose the specific alcohol reading to the jury in opening statement. Well that is about to change thanks to a recent Court ruling by the Washington State Court of Appeals in City of Puyallup v. Spenser. In that case a Prosecutor mentioned the defendants breath test was a .11/.12 to the jury in a DUI trial. The Defense Attorney objected and argued for a mistrial. However the Court overruled the objection. The defendant was later convicted of a DUI. The defendant appealed to the Superior Court which reversed the conviction, however the Court of Appeals reversed that decision and here we are.

What happens now in DUI cases with a breath test

So what does that mean moving forward?  It means Prosecutors can now tell the Jury what a breath test is in their opening statement. Now is it really a big deal if the breath test became admissible anyway. Maybe not, but that is not the point. It is a big deal because what if the breath test is later found to be inadmissible due to some foundational issue or the Prosecutor just screws up. What happens then? Since the Prosecutor was allowed to disclose this number in the opening statement the Jury is going to know there was a breath test, what that number was, and don’t think for a minute that will not creep into their back of their minds during deliberations. Even if a Judge tells them they are not to consider it, you cannot un-ring that bell, you cannot undue what they heard. And that is the problem with this ruling.

As a criminal DUI defense attorney in Seattle I have litigated well over a hundred jury trials. And in most cases the Prosecutors don’t screw up, and they are able to introduce the breath test ticket as evidence. However I have had cases where the Prosecutors did screw up and they were not allowed to introduce the breath test ticket. In those cases the jury never heard of my clients alcohol level because the Prosecutor was not allowed to disclose that in opening statement. The ruling in the Spesner case no longer affords defendants that benefit. And that is a shame.

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DUI Advice, DUI Tips

8 Steps to Take When Pulled Over for a Seattle DUI and You Have Been Drinking

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Getting pulled over on suspicion of DUI can be scary, regardless of how much you’ve had to drink. Even if you have only had a drink or two, you face the very likely possibility of being arrested for a DUI. As an experienced Seattle DUI attorney, there are many things I recommend that you do for your own protection when pulled over for a DUI.

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1. Provide your license and vehicle information to the police officer

When pulled over for a DUI in Seattle, one of the first things the officer will ask is for your vehicle information — driver’s license, registration, and proof of insurance. It is very important that you provide these items right away.

2. Be polite

Bad behavior is often a sign of intoxication and officers are trained to watch for this. It has also been found that prosecutors are less likely to negotiate in cases where the defendant was rude or aggressive towards the officer. You will only make matters worse if you become argumentative. When pulled over, it’s prudent to be polite and courteous.

3. Answer “yes” if you have been drinking

Many Seattle DUI attorneys may say to lie when the officer asks if you have been drinking, but this is not advised. If you have been drinking, be honest, say you have had something drink. Lying about or minimizing the amount of alcohol you have consumed will not help your case.  However, it is important that you don’t answer how much unless you have really only had one drink.  

At this point, one of two things will happen. The officer will either ask you how much you have had to drink or to exit the car to perform the field sobriety tests.

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4. Ask to speak with an attorney before answering any questions

Remember, talking your way out of a DUI is rarely successful for offenders, so it is best to refrain from making statements that could harm your case. A professional Seattle DUI attorney can help you know what you should and shouldn’t tell the officer.

If the officer asks how much you have had to drink, politely decline to answer and say you would like to speak with an attorney before answering any questions. In the instance that you have truly only consumed one alcoholic drink, then just be honest. The officer will probably say you’re not under arrest, so you don’t have the right to consult with an attorney. This is true, but make sure you say you would prefer to speak with an attorney before answering any questions.

5. Ask to speak with an attorney before taking the portable breath test

This is another test that should be avoided until you have spoken with a Seattle DUI attorney. A portable breath test or preliminary breath test is a small device that, when blown into, can provide a breath alcohol level reading at the scene of the traffic stop. Again, these tests are voluntary and should be avoided.

According to the State Toxicologist, portable breath tests have been deemed unreliable and can not be used as evidence in a trial. These tests are used only as a means to establish a basis for a DUI arrest.

6. Ask to speak with an attorney before performing any sobriety tests

If the officer asks you to perform any field sobriety tests, say you would like to speak with an attorney before performing these tests. The Standardized Field Sobriety Tests are one of the most common ways for an officer to establish a basis for arresting someone on suspicion of DUI.

Although these tests are voluntary, in my opinion, they are designed for people to fail. Officers are trained to look for specific clues to help make a determination on whether or not they believe you are intoxicated. Factors such as physical limitations, fear of arrest, the location of the test, etc. are not taken into account when these tests are administered. Since these tests are not objective, failing these tests is common even when the test taker is completely sober.

Additionally, under current case law, if you “refuse” or “decline” to take these tests, it can be used against you the same way a “refusal” of the breath test can be used against you.  Because of this, it is very important to request to speak with an attorney and not simply “refuse” or “decline” the tests.  

7. Ask for an attorney immediately after being arrested

If the officer deems it necessary, you will be arrested for DUI at this point. If this does occur, immediately ask for an attorney. It is important to maintain your silence until your attorney arrives or until you speak with one over the phone. Once you get in contact with your attorney, he or she can advise you on whether to answer questions or take any tests.

8. Speak with an attorney before taking a breath test at the police station  

Once you arrive at the police station, you will likely be asked to take a breath test. You have the right to request to speak with an attorney before taking this test as well. Your Seattle DUI attorney will advise you on whether or not you should take the breath test as well as any other options you may have.

If you have been arrested for a DUI in Seattle, having an experienced DUI attorney on your side to help answer any questions is very important. For a free 60 minute, no pressure, and completely confidential case consultation contact Matthew Leyba today at 206.504.3131.

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FAQs of a Seattle DUI Arrest

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If you are reading this you have probably been recently arrested for a Seattle DUI or know someone who has, and you have many questions. As an experienced DUI attorney, I have heard all the common questions related to DUI arrests. Continue reading as I cover the frequently asked questions of a Seattle DUI arrest.

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I’ve been arrested for a Seattle DUI. Now what?

You’ve been arrested, given a field sobriety test, taken to the police station, and asked to provide a breath or blood alcohol test. Your vehicle may have been impounded requiring you wait at least 12 hours to get it out and costing hundreds of dollars to do so.

You are probably confused as to what happens next. The first thing you should do is talk with a Seattle DUI attorney. Find an attorney that is experienced in DUIs as well as the the city of the arrest. Having an attorney that is familiar with the court system of your city and knows how to best represent your case can make all the difference in the outcome.

After researching and talking with a few different Seattle DUI attorneys, hire an attorney that best fits your needs. Research attorneys thoroughly but don’t wait too long to hire. It is important that your attorney has plenty of time to research and prepare for your hearing.

After being arrested, you should have received the Department of Licensing (DOL) Administrative Hearing Request Form. You have 20 days from the date of arrest to request your hearing. Working with an experienced DUI defense attorney will increase your chance of beating a license suspension, as well as give you advice on steps to take if your license is suspended.

What are the consequences of a Seattle DUI conviction?

Washington state DUI laws are some of the toughest DUI laws in the country. A DUI conviction carries mandatory penalties including jail time, license suspension or revocation, probation, and possible ignition interlock device use. Along with the mandatory penalties of a DUI conviction comes fines, court costs, and fees.

In Washington State, the mandatory fines are given based on the BAC ( blood alcohol concentration) level, whether there was a refusal to take the BAC, or the number of prior offenses. The penalties will be more severe if the BAC level was above .15 or the BAC was refused. A prior DUI offense within seven years of your arrest date may result in an increased mandatory sentence. Read more about DUI penalties here .

Is a DUI a felony?

In Washington a first offense DUI is not a felony, it is a gross misdemeanor. However, a DUI can be charged as a felony if a driver has 4 or more prior convictions within a 10 year period or if someone is injured or killed in the same incident as your DUI charge, or if the driver has a prior vehicular assault or vehicular homicide offense. Although a first offense DUI in Seattle is not a felony, the penalties can still be very serious, including losing your license, having to report the conviction to employers, and possible jail time.

How do I find a Seattle DUI attorney to help me?

Choosing a Seattle DUI attorney can be an intimidating task. It is important to ensure you choose an attorney that is experienced in DUI cases as well as the court system at which your hearing will take place. When choosing a DUI attorney it is important to ask the following questions:

  • Where did you attend law school?
  • How many years have you been in practice?
  • How much experience do you have with DUI cases?
  • How many cases have you taken to jury trial?
  • What is your assessment of my case?
  • What would be the final outcome of my case?
  • Will you personally be handling my case or will it be someone else?
  • What are your fees?

If you still don’t feel fully convinced that an attorney is right for you, you can ask to talk with previous clients.

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How do I fight the license suspension?

Whether you take a breathalyzer or blood test and register a .08 BAC or greater, or you refuse the take the breathalyzer or blood test, the DOL will initiate license suspension procedures against you. You will be required to request a hearing with the DOL within a required period of time to obtain a hearing and challenge the suspension. If you do not file your hearing request in time, you will lose your right to challenge the license suspension and in turn have your license suspended.

A Seattle DUI attorney can help answer any questions you may have in regards to your DOL hearing, as well as how to best approach your license suspension challenge.

What are Field Sobriety Tests?

Field sobriety tests are standardized tests that test the sobriety of the accused driver. These tests include:

  • Horizontal Gaze Nystagmus
  • Walk and Turn
  • One Leg Stand
  • Portable Breath Test
  • Drug Recognition Examination
  • Non-standardized test (Finger to Nose, Alphabet, Balance Test, Finger Dexterity)

What is a SCRAM device?

A SCRAM (Secure Continuous Remote Alcohol Monitor) device is a bracelet that can detect alcohol from the wearer’s skin. These devices can be an easy and cost effective way to ensure that those accused or convicted of a DUI do not consume alcohol. The ankle bracelets are worn by defendants who are awaiting trial, or those who have already been convicted of a DUI and are on probation.

The SCRAM device is monitored by a company that sends daily reports to probation and law enforcement officials. The bracelets are able to detect a 0.02 alcohol reading through the skin. The device only detects alcohol and does not detect drugs in the wearer’s system.

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Can I enter Canada after a DUI arrest?

Canada considers a DUI or any alcohol related offense stemming from a DUI an inadmissible offense and therefore, you most likely will not be allowed into Canada after you have been convicted of a DUI or even a reduced charge. There are a few ways to work around this restriction; you will either need to be deemed “rehabilitated” or granted a temporary resident permit. A person may be considered rehabilitated if they have no other criminal convictions for a minimum of five years after the DUI conviction.

Should I get an alcohol evaluation?

Alcohol evaluations are conducted by a state certified chemical dependency agency. The evaluations are a series of questions used to determine if a person has an alcohol dependency problem. These evaluations can be scary, but in many cases the evaluations show no alcohol problems in the test taker and will ultimately help with your case.

What is an Ignition Interlock Device?

An ignition interlock device (IID) is a device that requires a breath sample that measures the driver’s BAC before the vehicle can be started. If the test registers a BAC over a predetermined amount, the vehicle cannot be started.

An IID allows a driver to get an Ignition Interlock driver license that allows a driver whose license has been suspended to drive a vehicle that is equipped with an IID.

More Questions?

Being charged with a DUI can be very stressful and confusing. Knowing all the facts and being extremely prepared before your hearing is a must. If you have more questions regarding your Seattle DUI arrest, give Matthew Leyba a call at 206.504.3131 . As an experienced Seattle DUI attorney he would be happy to offer a free 60 minute, no pressure, and completely confidential case consultation.