Tag Archives: dui lawyer

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

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.

Marysville DUI Attorney

Choosing a Seattle DUI Attorney

Being arrested for driving under the influence (a DUI) in Seattle is a significant and frightening affair. Not only is the whole process complex and detailed, but the outcome of your case can have life altering ramifications. In order to ensure that there is a strong defense and an agreeable outcome to your case, you are going to need an experienced attorney by your side.

The task of choosing a Seattle attorney can seem impossible. With so many qualified and capable attorneys, how do you know when you’ve found the right one?

dui-attorney-seattle
Ask Questions

Once you have chosen an attorney, your case is in their hands. But until then, you have complete control over who gets to manage your case. The best way to get information about your attorney candidates is to ask them questions. These questions and how they are answered will reveal their capabilities, tendencies, preferences, and history while allowing you to whittle down your list to a one attorney. Here are some questions you can ask to start getting information about potential attorneys:

1. Where did you attend law school?

This question is meant to provide you with a general look into the kind of school each attorney graduated from, the training they’ve received, and the experience they had there.

2. How many years have you been in practice?

You want to know how much experience your attorney has with handling cases. A good follow-up question is to ask what kind of work they’ve completed during those years. Long-time lawyers with little experience or success are individuals you should steer clear from. On the other hand, a weathered attorney with a full schedule is a sign of a capability and experience.

3. How much experience do you have with DUI cases?

There are many areas of law, each with their own level of complexity and detail. While some attorneys may claim to be capable in multiple fields of the law, good attorneys will focus their attention on only a few. Your highest priority should be to find a Seattle attorney that is highly educated and experienced with handling DUI cases. If they try and stretch themselves across too many fields, it’s time to move on.

dui-attorney-first-offense-seattle

At Leyba Defense, Matthew Leyba is highly experienced in handling DUI cases. Working exclusively with criminal defense and DUI cases, Matthew Leyba has the professional training, experience, and education necessary to help defend your case.

4. How many cases have you taken to jury trial?

Many DUI cases end up going to trial. In order for your trial to play out in your favor, you need an aggressive and experienced attorney who is committed to meeting your needs and defending your side. In order to attain the outcome you deserve from your trial, your attorney must have the experience required for a successful jury trial.

5. What is your assessment of my case?

You may already have a personal assessment of your case, but it is important to get their opinion. What are the challenges they see to your case? Would they have you plead guilty, or would there be a plea agreement? Do they see your case going to trial? What are they expecting to see at various stages of the process?

As you meet with multiple attorneys, compare and contrast their assessments. Is there a common theme, or do they all see your case from different angles? Which attorney demonstrates the best knowledge and experience when it comes to handling your situation?

6. What would be the final outcome of my case?

When everything is all said and done, you want to be sure that the attorney you choose is willing to go the distance. After assessing your case, are they willing to dive in and get their hands dirty to ensure that your rights are protected? Or do they look for the easy way out?

If the attorney’s desired outcome does not match your goals for your case, don’t be afraid to move on. Remember, your case is still in your hands. Don’t give it away to an attorney that is not willing to take your case where it deserves to go.

seattle-dui-attorney

7. Will you personally be handling my case or will it be someone else? Can I meet them?

A lot of DUI cases are not directly handled by the attorney, but are instead handed off to an assistant or fellow attorney. You want to be sure that the person your meet and know is going to be the one to carry your case through. If you find out that someone else will be handling your case, ask to meet them too. Don’t trust your case to someone you’ve never met, no matter how fantastic your meeting may seem.

At Leyba Defense, Matthew Leyba is committed to handling all of his cases personally. Without enlisting the help of a secretary or assistant, Matthew Leyba works personally on every case he agrees to take on.

8. What are your fees?

When it comes to rates and fees, every attorney is different. Find out what their general fees are and what they do and do not include in their rates. The total expense can change based on whether they charge a flat or hourly rate. There are even unrelated legal expense that can appear during our case, so getting these questions out of the way early is the best way to avoid future problems.

dui-defense-seattle-attorney-leyba

Final Questions: For You

At the end of the day, every consultation comes down to your impression of the attorney. It is important to ask yourself the right questions to uncover your real perspective of their experience, education, capabilities, personality, perspective, and goals. Here are some questions that you can ask yourself:

  • What are their strengths? What are their weaknesses?
  • Did they demonstrate confidence?
  • Were they honest?
  • Did they willingly share the information I needed?
  • Were their rates reasonable?
  • Do they have enough experience?

If you still feel unsettled about whether or not an attorney is a good pick, ask to get in touch with some of their previous clients. Few sources will give a more accurate representation of an attorney’s skill than a previous client. Ask them what their initial impression was, how their cases concluded, what their experience was, and if they would recommend said attorney.

Contact Leyba Defense

At Leyba Defense, Matthew Leyba operates as one of Seattle’s most qualified, experienced, educated, and successful DUI attorneys. Matthew’s goal with every case is to ensure that every client is accurately represented and that their rights are always protected. To ensure that clients feel comfortable and informed, Matthew is available 24/7 to answer any questions a client may have about their case.

For more information about Leyba Defense, or to set up a free consultation, call 206.504.3131 or fill out our contact form.

When to expect a court date following a DUI arrest in King County

One of the most common questions I get asked whenever I speak with someone who was recently arrested for a DUI in King County. Is when will my first court date happen? A few years ago this was more difficult to guess due to the delayed filings of DUI cases that routinely happened in King County. However, DUI cases are now being filed more consistently and thus it is easier to tell someone when to expect that unpleasant letter in the mail.

To pinpoint exactly when to expect that first DUI court date. Two things need to be known. First, who was the law enforcement agency that arrested you? Secondly was there a blood test involved. So let’s go over all the possible scenarios.

If you were arrested by the Seattle Police Department. Then the arresting officer will give you notice of your first court date personally. This is typically 2-3 business days following the DUI arrest. Your first hearing will be in the Seattle Municipal Court. This assumes there was no blood test involved. Because a blood sample needs to be analyzed by the State Toxicologist office this can delay the filing 2-3 months. If this applies to you then you will receive a letter in the mail from the Seattle Municipal Court in that time frame informing of your a Court date.

If you were arrested by the Washington State Patrol then your DUI case will be filed in one of the King County District Courts. The Courts that would be applicable to hear the DUI case would be in Redmond, downtown Seattle, and at the Regional Justice Center in Kent. Unfortunately, it can be difficult to expect where the DUI case will be filed if the arresting officer is not known. In other words, let’s say you were arrested in Seattle. Conventional thinking would suggest the DUI case would be in the downtown Seattle court, but that is not necessarily true. Depending on how the arresting officer was it could be in Redmond or in Kent. An experienced DUI Lawyer would be familiar with most of the Troopers who arrest in Seattle for DUI and can give advice on where to expect the DUI charge filed based on prior experience with that Trooper.

Let’s say you were arrested by a local law enforcement agency in the outlining eastside cities. Such as Redmond, Bellevue, Issaquah, Newcastle, Mercer Island, etc. Typically these cases take a little longer to get filed. Usually around 30 days. So expect a letter in the mail informing of that first DUI court date.

Law enforcement agencies in South King County seem to be a little sooner in filing DUI cases. Des Moines, Tukwila, Auburn seem to file DUI charges relatively quickly. Often times seeing a Judge the next day following a DUI arrest.

The law enforcement agencies in North King County typically file within 30 days. So in Shoreline, Lake Forest Park, etc. You will get a letter in the mail much the same way the Eastside cities do it.

Obviously things can vary from jurisdiction to jurisdiction. But if you’re facing a DUI offense in King County speak with an experienced DUI lawyer to help navigate you through the process, explain where your DUI case will be, and when to expect that first court date.

How to be proactive following a DUI arrest

If you have been arrested for a DUI then time is of the utmost importance. In order to get the best outcome possible a driver arrested for a DUI needs to be proactive when it comes to three aspects of the DUI case. Not only will this help you as the accused in a DUI case, but it will help your DUI lawyer better represent you. To learn what these three aspects are continue reading.

First you need to stop drinking and discontinue use of any other substance (i.e., marijuana, illegal narcotics, etc). Whether this is your first DUI arrest or your second it doesn’t matter. Why do you need to stop drinking alcohol and using marijuana? You will have to get an alcohol and drug assessment. If you test positive during the urinalysis test, or you tell the counselor you have continued to drink following your DUI arrest then the counselor may find you have a problem. That’s bad. Which brings me to the second thing you should do.

Secondly you need to schedule an alcohol and drug assessment. Why? Unless your DUI charge gets completed dismissed, which is very rare. The Judge is going to require you to get one. You might as well get it done ahead of time. Additionally it gives your DUI lawyer more information to present to the Prosecutor about how you are. Remember all the Prosecutor knows about someone who is charged with DUI is that they drank and drive. They don’t know anything else. The more ammunition your DUI lawyer can go into the negotiation with about your character the better it will be for you.

Lastly hire yourself a DUI lawyer. A lawyer that exclusively practices DUI defense. Not one that does it part time, or one that does it occasionally. One that doesn’t do anything else. Why is this important? Let’s take Seattle for example where I practice. I see Lawyers in Court all the time who don’t do this regularly. They don’t know the Judge, they don’t know the Prosecutor, they don’t know the Court procedures, or even the Cops. And in my opinion as a DUI lawyer who practices in Seattle they are a step behind because of this. And that only ruins their clients chances of getting a reduced DUI charge.

_
About the author: Matthew Leyba is a DUI lawyer in Seattle, WA. He has repeatedly named a Rising Star in the field of DUI Defense by the Seattle Met Magazine, an honor only a fraction other Seattle DUI Lawyers receive. He is also rated a 10/10 by Avvo.com and listed as a Superb DUI lawyer.

How to schedule an alcohol and drug evaluation in Seattle for a DUI

If you have been arrested for a DUI in Seattle or really anywhere in Washington State. Then probably the first thing you will want to do after you hire a DUI Lawyer is schedule your alcohol and drug evaluation. Here is how I recommend you go about doing that.

First speak with your DUI lawyer. Most DUI Attorneys including myself have a specific alcohol and drug evaluator we exclusively deal with. If your DUI Lawyer doesn’t have a specific evaluator then you probably hired the wrong person. But if they defend enough DUI cases and has the appropriate amount of experience in this area of law they will be able to point you in the right direction. For example the treatment agency I work with for my alcohol and drug evaluations are honest and I know they are not going to screw over my clients. Additionally I speak personally with the evaluator and we often times come up with a plan that makes sense for my client.

Secondly you probably want to find a place that only does the alcohol and drug evaluation not the treatment portion as well. Why? Well in my years of experience as a DUI Lawyer in Seattle many of the treatment places take advantage of individuals looking for an evaluation especially if they also do the treatment portion of the program. If you think about it this area is ripe to be taken advantage of financially. Let’s say you get a DUI. You decide to go to an alcohol and treatment agency for the DUI evaluation. The counselor says you have a problem and by they way you’re going to have to do 1 year worth of treatment and that will cost you $2500. And by the way you can do it here. I have seen this happen many times in my career and that is why I only work with specific places that do not do the treatment portion.

Lastly you will want to consider doing the evaluation in the County where your DUI case is, sometimes even the City. For example let’s say you get a DUI in King County or Seattle. The treatment agency I recommend does most of their evaluations in King County and specifically Seattle. So pretty much every Judge has heard of this place, they respect their work and will not question it. Why is this important? I have been in Court before and seen other defendants (not my clients) hand forward an evaluation for their DUI and the Judge has never heard of the place and they don’t accept it. Now not only is the defendant going to have to find a new place but they are out of the money they spent on the evaluation that got turned down. And they run the risk of going to a different treatment agency that makes a different finding in terms of treatment and they are stuck with it.

_
About the author: Matthew Leyba is a DUI Lawyer in Seattle. He has been named a Super Lawyer Rising Star by the Seattle Met Magazine the area of DUI Defense, only 2.5% of all Lawyers in Washington State receive this honor. Additionally he is rated as a 10/10 and listed as a Superb DUI Lawyer by Avvo.com a national lawyer rating service.

What not to say to a DUI officer if being investigated for DUI

In case you’re not familiar with this blog and reading it for the first time. I’m a DUI lawyer in Seattle, WA. I have been doing this area of law for almost 10 years and I have met and become friends with many Police Officers that investigate DUI cases here in the Seattle area. One of these Police Officers that I consider my friend recently discussed some funny statements that people make when being investigated for a DUI in Seattle. It got me thinking, what are some of the worst things to say to a Cop of you’re being investigated for a DUI so here you go in no particular order.

First don’t tell the Police Officer you know “so and so” who is a fellow Police Officer. Surprisingly people think that it is a good idea to bring up a friend who happens to be a Cop or a friend of a friend or family member. This is not a good idea. If you’re being investigated for a DUI in Seattle and you tell the DUI Officer that you know another Seattle Police Officer that is not going to help you and it’s only going to make it look like you’re trying to get out of the arrest. Trust me this will not help you when the Prosecutor is reading the police report.

Secondly don’t say or do anything rude. Yes it sucks to be investigated for a DUI, and yes it is horrible if you get arrested for a DUI. But do yourself and your DUI lawyer a favor and please be polite. If you can’t do that then please be quiet. The more rude you are all you’re doing is pissing off the DUI officer. They are not going to let you go, and most likely you will get booked into the King County Jail for DUI and spend the night there.

Thirdly please don’t say you’re almost home. I can’t tell you how many police reports I read where the first thing a driver says to the DUI officer is “I’m almost home can’t you just let me go.” First of all this statement is going to be used against you in the DUI criminal trial. Secondly the Cop is not going to let you go and will only take this as an admission that you know you shouldn’t be driving.

Lastly don’t tell the DUI officer that you’re going to hire a DUI lawyer and beat the case. It doesn’t sound good. And guess what. Let’s say you get arrested for a DUI in Seattle. You hire a DUI lawyer. That DUI lawyer is trying to negotiate with the Prosecutor for a reduction in charges. The Prosecutor contacts the Police Officer to get their opinion on a possible plea deal. You think the Police Officer is going to go along with any reduction if they remember that statement you made about taking them to court and beating the charge.

Look the best piece of advice I can give is just be polite and ask to speak with a DUI lawyer before you answer any questions or do any tests. It’s that simple. Nobody has ever talked their way out of a DUI arrest before and you will not be the first. And I have news for you. Regardless of what you think you know if there is an odor of alcohol on your breath or person you will get arrested for a DUI. I don’t care what the Cop says. You will get arrested. So do yourself and your DUI lawyer a favor and clam up.

_
About the author: Matthew Leyba is a DUI Lawyer in Bellevue, Washington. He is rated as a 10/10 by Avvo.com and listed as a Superb DUI Lawyer in Seattle. He is has been repeatedly named a Rising Star in the area of DUI Defense by Super Lawyers Magazine, an honor only a fraction of other DUI lawyers get.