City of Kirkland v. My Client

Outcome: Case Dismissed

Description: The City of Kirkland charged my client that was involved in a one car accident with DUI. The investigating Kirkland police officer did not detect any signs of alcohol consumption and requested a Drug Recognition Expert assist. A Washington State Trooper arrived at the scene and conducted a full drug evaluation. He concluded that my client was not under the influence of drugs. No blood test was performed since the police officers had no probable cause to ask for one. Yet the City of Kirkland filed a DUI charge. During pre-trial negotiations the prosecutor refused to dismiss the case and so I filed a Knapstad motion. Essentially, we informed the court that there is no criminal case based solely upon the facts of the police report. The City of Kirkland offered an interesting and imaginative argument. I countered with actual facts and case law. Judge Scott quickly ruled in favor of my client and dismissed the case. My innocent client faced mandatory jail, driver's license suspension, thousands in fines, years of probation and being barred entry into Canada because of an over zealous prosecuting attorney. Although, he was ultimately found innocent my client had to pay my hefty retainer fee. Never assume you are guilty, and never assume the government will do their job properly.