Asked about 5 years ago - Kirkland, WA
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I was pulled over in Kirkland because an officer ran my license plate and found that my license was suspended. I had 2 beers more than an hour before I was driving, but I've heard of a no-tolerance policy, so I refused the breathalizer and was arrested. They didn't give me a blood test at the police station, and I was released. Seems like it is just the officer's word against mine.
Do I have the right to see the police report before I go to trial? Also, how can I steer towards getting the DUI charge dropped or reduced? Thanks.
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Your attorney absolutely has the right, and duty, to see the police report and begin mounting a case prior to your trial. What you need to do is consult with an attorney immediately, because a refusal of the breath test at the station can lead to serious licensing consequences, including a one year suspension for a first offense.
First, the license plate on your car has no privacy protections and officer's routinly call in the license plates of other cars. You will more than likely be marked as a "refusual" for purposes charging you. That is, there can be enhanced penalties if one is convicted of a DUI in Washington and was found to have refused the breath test. Once more, you will have an important administrative hearing before the Washingtington Department of Licensing, to determine if your license will be suspended for one year due to a refusal. Remember, you have 30 days to request a hearing with the DOL. If you do not, your license will probably be suspended for one year automatically. So, send in your hearing request with the $200 fee. Best of luck!
When you get a DUI in WA, you have two cases against you: the criminal charge of DUI, and an administrative action against you brought by the DOL for which they will either to seek to take your license for 90 days (if you blew .08 or greater, or one year if you refused to take the breath test). You need a DUI attorney to handle both. Do not take a chance on your own. If you cannot afford a private attorney, do not hesitate to ask to be screened for the public defender. The PDs in Kirkland know what they are doing and will do all they can to get your charge reduced and, if they can't, won't hesitate to go to trial for you. And yes, if you go pro se, the city attorney has to give you a copy of the discovery. Otherwise, your attorney will go over it with you.
