How Your Attorney’s Conduct Can Affect Your Case

December Dec, 2017 Matthew Leyba Leave a comment

When you’re looking for an attorney, most people consider an attorney’s track record, reputation, and other obvious statistics. But what about attorney conduct? Can an attorney’s conduct hurt your case?

In this article, learn about how your attorney’s conduct can affect your case. Hear from a judge’s point of view what things lawyers do that annoy judges and can hurt a case. Read about the consequences of an attorney who’s disrespectful courtroom behavior went over the line, and take a look at the attorney rules of professional conduct, so you can find a DUI attorney that meets and exceeds these rules.

dui attorney conduct

Attorney Conduct From a Judge’s Point of View

In 2012, the Honourable Justice Joseph W. Quinn presented a paper entitled A Judge’s View: Things Lawyers Do That Annoy Judges; Things They Do That Impress Judges.

The publication addresses 40 different things that lawyers do that annoy judges. Here are a few to be on the lookout for when hiring your attorney:

A Judge Hates It When…

Attorneys try to assume the timeline of a case. It gives the impression that they’re in a rush and don’t value the court’s time. Just as important, an attorney needs to be punctual at all times.
A lawyer is oblivious during courtroom procedure and protocol (i.e. not having documents prepared, not having their client answers the judge’s question, not adhering to the court’s recess schedule, etc.)
Attorneys use “strong language” to make a point. Quinn cites specific words and turns of phrase that judges cannot stand, including: “ridiculous,” “that argument lacks merit,” or referring to other lawyers (or the judge) as “my friend.”
A lawyer does not dress appropriately for the job. Professional appearance matters in the courtroom. Furthermore, Quinn states that image is important for the client, too.
An attorney exhibits poor manners. Generally speaking, a lawyer should conduct themselves with dignity and poise. While in the courtroom, an attorney should act from a place of courtesy and respect. Good attorney conduct also includes civility – like never belittling someone else to make your point.
A lawyer that does not speak clearly and slowly. Practicing law is an oral profession. While every attorney has a different style of speech, they should all understand how to adequately state facts to a courtroom. Cadence, knowing when to pause, and giving the judge time to take notes are good examples of this.

While this is strictly an editorial piece, Judge Quinn’s years of courtroom experience lend real insight into how an attorney should and shouldn’t behave. You can read the entirety of Judge Quinn’s opinion here.

When An Attorney’s Conduct Affects the Case

While emotions surrounding a case may be running high, unregulated emotion does not have a place in the courtroom. And, if an attorney does act from a place of emotion rather than a place of professional conduct, it can hurt your case and their career.

During a bankruptcy case in 2013, St. Louis lawyer Elbert Walton Jr. brought his emotions into court. While representing his client, Walton constantly interrupted and yelled at the judge. He was described as having an “obnoxious and disrespectful” demeanor throughout the trial.

Because of the way Walton conducted himself, he was fined, and his law license was suspended for 18 months. The consequences didn’t just hit Walton. Walton’s client was also fined for their lawyer’s misconduct.

Attorney Rules of Professional Conduct

The American Bar Association defines the Model Rules of Professional Conduct for lawyers. Lawyers should display competence, diligence, and communication with their client while maintaining the confidentiality of information and their duties to a prospective client.

When interacting with others involved in the case outside of the client, lawyers should always demonstrate truthfulness in their words, communicate with those represented by the counsel, and maintain respect for any third parties involved.

These characteristics are far from exhaustive, but it gives you an idea of the standards a lawyer must be held to. An attorney is a representative of the United States legal system and the law itself. They are personally vested in justice, and their conduct must reflect this honor.

You can review more about all of the attorney rules for professional conduct by clicking here.

Your Attorney’s Conduct Can Affect Your Case – Choose The Right One

If you’re looking for a DUI lawyer, look for someone who is respectful and knowledgeable. Look for a lawyer that values the dignity of their profession and will carry themselves in an appropriate manner. Your attorney’s professional conduct is important, and how they present themselves will affect the outcome of your case.

To learn more, or to find a DUI attorney, check out the resources provided by Leyba Defense.

DUI Advice

How to Find A DUI Attorney With An Excellent Reputation

November Nov, 2017 Matthew Leyba Leave a comment

If you’re in need of a DUI attorney and your office does not look favorably upon your absence from work, procuring one during normal business hours can be difficult. The usual routine in this circumstance would involve asking around for referrals, checking out advertisements and conducting as much online research as you can.

dui attorney reputation

This is fine, but you have a lot at stake because of the charges you face. You not only need a DUI attorney, you need the best DUI attorney you can possibly find. Sure, you can see what they’ve done and the services they offer on their websites, however, there is a quality that may be harder to unearth, but which may be the most important quality they possess – their reputation.

There’s No Substitute For A DUI Attorney With A Good Reputation

Think an attorney’s reputation is not that big of a deal? Think again. In 2008, Fred C. Zacharias, Herzog Endowed Research Professor at the University of San Diego Law School, published his Effects of Reputation on the Legal Profession. In his introduction, Professor Zacharias states: “Most obviously, lawyers’ reputations are important for clients planning to hire an attorney. In the absence of mechanisms that publicly grade attorneys, clients’ means of selecting lawyers are limited to reviewing the lawyers’ objective qualifications (e.g., their educational background), interviewing candidates, contacting references, and word of mouth.”

This statement can be instructive for you on how to conduct your search for a competent DUI attorney, one who enjoys a sterling reputation within the local legal community. An attorney who possesses a good reputation with other attorneys, law enforcement personnel, and with judges and their administrative staff, will be in a better position to argue your case for you.

How To Know If An Attorney Has A Good Reputation

Here are a few recommended steps you can follow in trying to determine if an attorney you are considering hiring enjoys a good reputation:

1. Seek out recommendations from the attorney’s former or existing client list: If this is not available online, call and request that you be provided with a list of clients to call for testimonials or recommendations.

2. Read articles written by the attorney: More and more attorneys these days are writing articles that are made available to the general public online or through social media. Often, you’ll be able to get a feel for how the attorney is perceived by the legal community of which they are a part of, as well as the knowledge they have in their field.

3. Conduct online searches: Type the attorney’s name followed by the word “lawyer.” Read as much as you possibly can about former cases the attorney has been involved in.

4. Perform a search for possible disciplinary actions involving the attorney: By searching Avvo.com, you’ll find not only if any disciplinary actions by the state bar have been issued against the attorney, you’ll also be able to read comments proffered by colleagues and former clients.

Interviewing Your Attorney

Since you probably are limited in the amount of time you have during the day to search for a DUI attorney, here is a systematic list of questions to ask any attorney you are contemplating hiring. Often, if he or she has a good reputation with the local legal community, this will become apparent during the conversation. The best time to conduct this interview is during your free consultation period, which is typically one hour.

What is your experience in handling DUI cases?
Is this type of case your primary area of expertise?
How long have you been in practice locally?
Tell me about your record of success with DUI cases.
Can you provide me with a list of former or current clients for reference purposes?
How much do you charge for your services and how are the charges structured?
Will there be any additional costs such as filing fees or other administrative charges?

Post Interview Considerations

After your initial consultation in which you interviewed the attorney, you should be in a much better position to make an informed decision. If the answers the attorney provided have left you with a feeling of confidence in his or her’s qualifications you are almost to the point of asking them to take your case. But, before you do, run through this mental checklist to make sure that you are selecting someone who will do their utmost to try and exonerate you from the charges against you.

Were the answers to my questions handled with courtesy and professionalism?
Does this person have the necessary skills and qualifications I need?
Is this person someone I feel I can be comfortable with representing me?
Did this person thoroughly explain their fee schedule, and am I comfortable with it?

If after going through this checklist you are convinced you have selected a diligent professional and one who also enjoys a solid reputation amongst those he or she works with, congratulations – you’ve found someone who can assist you through this difficult time.

Seattle Criminal Defense & DUI Lawyer

If you have been charged with a DUI anywhere in the Seattle area and need a professional attorney with a respected reputation and a solid record of success defending clients, Matthew Leyba should be your first call. Contact Leyba Defense immediately to schedule your free consultation so you can discover how Seattle’s best criminal defense and DUI lawyer can help you through this difficult time.

DUI Advice, DUI Tips

The Truth About Personal Breathalyzers and DUIs

October Oct, 2017 Matthew Leyba Leave a comment

The consequences for anyone who is charged with a DUI are huge. If you are a professional bound to a job which does not readily tolerate time away from work for any reason, facing a DUI charge can be devastating.

Much has been made these days about personal alcohol breathalyzers. While it is true they have the capability (depending upon the quality of the device) to possibly prevent you from being charged with a DUI, it is imperative to have a sound understanding of the devices before you put yourself in a position where you’re depending upon one.

Are Personal Breathalyzers Really Accurate?

Here in Washington State, if you are pulled over while driving a vehicle and it is determined that you have a blood alcohol content of .08 percent or higher, you are presumed to be legally intoxicated. By and far the most accurate way to ascertain this is with a blood test. But, because this is an invasive procedure and, quite frankly, not at all practical for law enforcement officers to administer, breath tests using handheld devices are the most common means available to law enforcement personnel.

Because these same, lightweight and portable devices can be purchased by consumers, they are often self-administered by those who feel as if they may have had too much to drink and are contemplating driving. However, before you put your faith in a personal breathalyzer’s accuracy, it is important to have a basic understanding of how they work.

All of the different breathalyzers on the market operate in the same way: you blow into the mouthpiece of the device and it provides a reading of your blood alcohol content. The only problem is, depending on the device you choose, the results can vary dramatically. This is because there are two basic types of devices available to purchase.

Breathalyzers utilizing semiconductor technology: This is the least expensive and the least accurate choice. They can be sufficient for home use, however, because the results can be influenced by external factors ranging from cigarette smoke to hairspray, it may be unwise to depend on them if you have been drinking and plan on driving.
Breathalyzers utilizing fuel cell sensors: This device is more accurate and expensive, and is the device most typically used by law enforcement. But, even if you purchase such a device, it can still be subject to factors that detract from accuracy and reliability, such as improper calibration, malfunctioning software, or human error.

Can Personal Breathalyzers Reduce DUIs?

Regardless of the type of device chosen, studies have shown that people who self-administer a blood alcohol content test when they have been drinking are more inclined to not drive if they register at a level that indicates they are legally intoxicated.

Proper Use of a Breathalyzer

Before you self-administer a blood alcohol content test on yourself or others, be sure to wait 20 minutes or more after the last drink or meal. Keep wind and cigarette smoke away from the device’s mouthpiece. Though the sequence of steps may vary with the type of device, the basics are as follows:

Attach the mouthpiece to the device
Activate the power button
Allow time for the device to warm up properly
Blow into the mouthpiece until the breathalyzer stops beeping (about four seconds)
Wait for test results to appear

As mentioned above, remember that results can vary depending upon a variety of factors. It is vitally important that you conduct the test in an environment that is conducive to optimal conditions, and follow the directions for the personal breathalyzer explicitly. If you have any feelings of unease regarding the indicated blood alcohol content displayed, it’s better to err on the side of caution.

If You’re Charged With a DUI

Even if you have taken precautions to ensure that you aren’t driving while intoxicated, if you’re charged with a DUI you’re going to need a successful and highly regarded attorney on your side. The consequences of a DUI can be harsh — possible loss of driving privileges, high fines, even time in jail.

A DUI in Washington State is a serious offense, one that you are not going to want to go through without the help of a proven professional. Matthew Leyba and his team of professionals at Leyba Defense PLLC, are recognized as one of the best DUI firms in the Seattle area. Contact them immediately if you are charged with a DUI.

Blog, DUI Advice

Does Your Breathing Pattern Really Affect A Breathalyzer Test Result?

September Sep, 2017 Matthew Leyba Leave a comment

As a professional, you can’t afford to be out of your office for an extended period of time. The last thing you need is to have an inaccurate breathalyzer test leads to your DUI arrest.

Although these tests are often the critical factor in determining either innocence or guilt in a drunk driving case, there are factors that may render a breath test inaccurate. One such factor is your breathing pattern. As hard as this may be to believe, there are clinical studies that have determined that the breathing pattern of the person tested can vary the results of a breathalyzer test significantly. You owe it to yourself to be aware of this, and – if you feel your test has been manipulated or is inaccurate – to engage the services of an attorney who is an expert in this branch of the law to handle your defense.

breathing pattern really affect breathalyzer test result

A Breathalyzer Test Can Be Affected By Breathing Patterns

In one study, for instance, a control group of men were given moderate amounts of alcoholic beverages and then, utilizing a gas chromatographic analysis, their blood-alcohol levels were measured. This was followed by varying the control group’s breathing techniques and then performing another analysis. It was discovered that holding one’s breath for as much as 30 seconds prior to exhaling actually increased the reading for blood alcohol concentration by as much as 16 percent. It was also established that if one hyperventilated for as much as 20 seconds prior to the test, their blood levels registered significantly lower. Keeping the mouth closed and breathing shallow increased the blood alcohol reading as did testing after a long exhalation.

The Landmark Study by Michael P. Hlastala, Ph.D.

According to his Dec. 2002 study entitled: “Breathing-Related Limitations to the Alcohol Breath Test”, Dr. Hlastala, a University of Washington professor of Medicine, Physiology, and Biophysics concluded:

“By far, the most overlooked error in breath testing for alcohol is the pattern of breathing . . . The first part of the breath, after discarding the dead space, has an alcohol concentration much lower than the equivalent BAC. Whereas, the last part of the breath has an alcohol concentration that is much higher than the equivalent BAC. The last part of the breath can be over 50% above the alcohol level . . . Thus, a breath tester reading of 0.14% taken from the last part of the breath may indicate that the blood level is only 0.09%.”

How Police Officers Might Influence Breathalyzer Results

It is possible for a police officer to register higher blood alcohol levels by varying breathing patterns in the persons for whom they perform a breathalyzer test. This can be done by making sure the people they are testing breathe long and hard. Breath is then captured by the breathalyzer machine and may render a higher, though possibly inaccurate, reading of one’s blood alcohol level.

Other Factors Possibly Affecting Breathalyzer Tests

Aside from varying the breathing techniques of those taking a breathalyzer test, there are several other factors that might render an inaccurate blood-alcohol level. A good DUI attorney will investigate these possibilities to ensure their clients receive the best possible defense:

Uncalibrated breathalyzer devices: Sometimes an arresting officer has failed to properly calibrate the breathalyzer device they are using. This can result in faulty results.
Poor health: Person suffering from asthma or other respiratory ailments, as well as diabetes and GERD, may register inaccurate results for blood alcohol.
Medications: Certain cold and sleep medicines contain alcohol which has been know to register a blood-alcohol result on a breathalyzer test.
Mouthwash: This common household product also contains high levels of alcohol which have the potential to affect blood-alcohol readings.

If You Are Charged With A DUI

Here in the Seattle area, DUI Attorney Matthew Leyba and his team at Leyba Defense offer a selective practice that focuses on successful results, not just a long list of clients. Matthew Leyba will take the time to focus on the details of your important case, giving you the personal attention required to best represent you. As a NHTSA qualified administrator of field sobriety tests, Matthew knows everything about the test that state troopers and police officers know. Because he is fully aware of the possibility that your blood-alcohol level test may have been higher due to a manipulation of your breathing, he is prepared to litigate your defense to the fullest extent.

Contact Us

If you have recently been charged with a DUI in the Seattle area, contact Matthew Leyba and his team of professionals at Leyba Defense for a free consultation. Matthew’s experience and expertise have earned him numerous awards, and he has been a featured speaker at numerous Washington Young Lawyers Trial Advocacy CLE Programs.

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What to Do If You Get Pulled Over for DUI

August Aug, 2017 Matthew Leyba Leave a comment

Being stopped on suspicion of driving under the influence can be a nerve-wracking event, even if you have only had one drink. Knowing how to behave under such circumstances is essential in these situations, as is understanding your rights. As an experienced DUI attorney, these are the things that I strongly recommend you do for your protection if you are pulled over for a DUI check.

If You Are Pulled Over For DUI…

The following are key steps to remember in any situation when you have been pulled over on suspicion of DUI.

Be Polite

The police officer that has pulled you over is just doing their job. Speak with them politely and respectfully – officers look for poor and rude behavior as signs of intoxication. Your politeness will be noted both during the stop and later as a defendant if prosecuted. Additionally, prosecutors are also less inclined to negotiate with defendants who were rude and argumentative.

Provide Your License and Vehicle Information to the Police Officer

In the State of Washington when pulled over for a DUI stop, officers will ask for your Vehicle Information (license, registration, proof of insurance). In a calm, polite manner provide each of these items to the officer. Officers will always ask for this information, so have it ready before they approach your car.

Answer “Yes” If You Have Been Drinking

No matter what, it is not advised to lie when an officer asks if you have been drinking. Inform the officer that you have had something to drink if you’ve been drinking. Keep in mind that it is also VERY IMPORTANT that you do not answer how much you have had to drink unless you indeed have had only one drink. Once you have reached this point you will either be asked:

How much have you had to drink?
Or
They will ask you to step out of the car for a sobriety test

If you are asked by the officer how much you have had to drink, decline to answer and politely inform the officer that you would like to speak with an attorney before answering questions. The officer will most likely tell you you’re not under arrest so you don’t have the right to consult with an attorney. While this is true, make sure you say you would prefer to speak with an attorney before answering any questions.

Ask to Speak to an Attorney

Never forget that you have the right to ask for an attorney at any time. Always remain calm, respectful and polite but understand that it is rare that anyone talks their way out of a DUI. With this in mind, refrain from offering any answers that might make your defense more difficult. Ask for an attorney that can assist you in understanding what you should and should not tell an officer.

Before Answering any Questions

The office will begin probing you with questions. Often these questions will be about where you were that night, where you were going and how much that you have drunk. These are questions that are designed to determine if the officer wishes to give you a Breath Test or Field Sobriety Test. You should decline to answer and inform the officer that you would like to speak with an attorney before answering questions.

If the officer informs you that you are not under arrest and do not have the right to consult with an attorney, be firm and polite and say that you would prefer to speak with your attorney.

Before Taking any Sobriety Tests

If an officer informs you that they would like to perform a field sobriety test, Request to speak with an attorney before any tests are conducted. This test is designed to establish suspicion of DUI and it is voluntary. Yet it is widely viewed that these tests are designed to be failed. Often factors like fear, test site location and physical limitations are not considered when these tests are conducted. For these reasons, test takers can fail these tests while entirely sober.

IMPORTANT:

Currently under case law, “refusing” or “declining” to take this test can be used against you in the same way as “refusal” of breath testing. Due to this, it is VERY IMPORTANT that you do not “refuse” or “decline” taking any tests. Be polite, firm, and request that you speak with an attorney.

If You’re Arrested

If the officer sees a reason to arrest you for driving under the influence, immediately ask for an attorney. Until you speak with your attorney, refrain from speaking any more than absolutely necessary. You’re attorney will then advise you on what questions you can answer and whether or not to take any tests.

Before Taking a Breath Test at the Police Station

If they decide to bring you into the police station, they will likely inform you that they would like you to take a breath test. It is in your right to speak to an attorney before you take this test. Again do not “refuse” or “decline” – ask for an attorney.

Conclusion

Once you have a DUI attorney present, you can then be advised on what questions you should answer as well as what tests that you should or should not take.

If you are in the Seattle area and have been arrested for a DUI, the presence of an experienced DUI attorney at your side is very important to help you answer any and all questions that you may have. If you are in need of a pressure free, totally confidential consultation about your case, please contact attorney Matthew Leyba.

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Marijuana DUI: How Long Does Marijuana Stay in Your System

July Jul, 2017 Matthew Leyba Leave a comment

We’re seeing it more and more in King County—arrests for marijuana DUIs. The other day, there was another article about it in the Seattle Times. What caught my interest about this particular article was something that the driver said to the police officer. Apparently, the driver admitted he had smoked weed but also explained to the officer that it was no big deal because now that weed is legal, he could smoke as much as he wanted.

marijuana dui arrests

Perhaps that’s true, but he just can’t get behind the wheel of a car! It got me thinking and wondering about how many people are aware of the effects of marijuana and how long it stays in your system.

As a lawyer, I’ve had many people ask me questions in the last few months about marijuana and DUIs.

How Long Does Marijuana Stay in Your System?

When recreational marijuana was legalized in our state in 2012, the provision came with very tough DUI standards. While you can legally possess up to an ounce of marijuana, it is illegal for you to drive if your THC blood content is over 5 ng/ml. Urine and blood tests are both used to determine the amount of marijuana in your system, but for DUIs, blood tests are specifically used. In general, the more visible effects of weed fade relatively quickly in a couple of hours.

Effect On Driving

Cannabis intoxication does mildly impair motor skills but those effects are not long-lasting or necessarily severe in most cases. In driving simulator tests, drivers have been shown to have longer reaction times in response to emergency situations, and also to have a tendency to drive much slower. Drivers seem to not only be aware of their impairment, they try to compensate for it by slowing down and focusing on the road more. Alcohol-impaired drivers have the opposite reaction; they tend to drive in a riskier fashion.

THC In Your Blood

Unfortunately, the THC metabolites that are left behind do linger in the body. There are over 80 metabolites that are stored in your fat cells. Some metabolites have a half-life of 20 hours, while some can stay in your system 2 weeks or longer. It’s important to know that it takes five-to-six half life cycles for THC to be completely eliminated from your system. Some research studies have shown that marijuana users have traces of THC metabolites for as much as 45-90 days afterward – so you can see that they can stay in your system for quite some time, and are gradually eliminated through feces and urine. This is why urine tests are very effective in testing for marijuana.

Additionally, there are so many other factors that affect how long marijuana stays in your bloodstream. The more body fat you have, the longer THC stays with you, and your eating habits and your activity levels are also factors. The frequency of ingestion and the method of delivery matter too. THC goes out of your system fairly quickly when you smoke, while other methods like ingesting edibles take longer to enter your blood, usually about a half hour.

Everyone’s different. People have different metabolic rates, and their bodies process THC at different rates. A study by the National Highway Safety Administration showed that marijuana can impair driving for up to three hours. Some effects can last up to 24 hours. In terms of a blood test, THC can be detected for a few hours afterward.

The Answer: It’s Unpredictable

When it comes to knowing how long marijuana stays in your system, the bottom line is this: all that variability we just covered means it’s impossible to know or predict with any degree of certainty under what conditions or when someone would test positive. So, err on the side of caution and don’t drive. If you do get stopped for suspected DUI, your blood test is going to depend on all of these factors.

The Author: Attorney Matthew Leyba

Matthew Leyba is a top rated DUI Attorney in Seattle, and was recently named a Rising Star in the area of DUI Defense by Super Lawyers Magazine – an honor less than 2.5% of all Attorneys in Washington State receive. If you are looking for a reliable and professional attorney to assist you in your DUI case, contact Leyba Defense at (206) 504-3131 or by filling out the online contact form.