Ryan Boyd Robertson's Legal Cases (23)

Appeals

R.M. v. Dept. of Licensing (2007) Pierce County Superior Court

Mar 30, 2007

OUTCOME: License revocation was reversed.

Client's license was revoked under the Implied Consent law and the client filed an appeal. The issue on appeal was whether the arresting officer met the requirement that he observed the client for a fu ... ll 15 minutes before the breath test. We established that the hearing examiner erred in finding this standard was met where he disregarded photographs from the police station showing that from where the officer stood he could not fully observe the client before the test took place.

Appeals

State v. B.J. (2006) King County Superior Court

Aug 08, 2006

OUTCOME: Trial court dismissal of DUI charge was affirmed.

Client was charged with DUI. Prior to trial the court dismissed the charge finding that the traffic stop was illegal. The state appealed this ruling. The Superior Court judge agreed that the trial cour ... t was correct to dismiss the DUI charge. A trooper stopped the client’s car after he crossed a white line on the roadway one time for only a few seconds. This driving did not constitute unlawful lane travel, and no lawful grounds existed to stop the client’s car.

Appeals

Lewis v. Dept of Licensing, 157 Wn.2d 446 (2006)

Aug 03, 2006

OUTCOME: Court held law enforcement were required to comply with notice requirements found in Washington's Privacy Act to inform driver's the traffic stop was being recorded. Remedy was to suppress recording from the hearing.

Lewis was stopped and investigated for DUI. The police officer audio recorded his interation with Mr. Lewis, but never advised him he was being recorded. The State Privacy law required police officers ... to advise drivers they were being recorded. Mr. Lewis' lawyer moved to dismiss a proposed implied consent license suspension based on the grounds the officer violated the Privacy Act when he collected evidence of impairment on Mr. Lewis. The issue on appeal was whether the Privacy Act notice requirements applied to implied consent proceedings, and what remedy should be applied to a violation of the Privacy Act?

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