Case Conclusion Date: 02.18.2014
Practice Area: Criminal defense
Outcome: Dismissed All Charges And Infractions
Description: Client charged with DUI, Hit & Run Attended and Unsafe/Improper Backing of a Vehicle. Client and alleged victim had a minor argument while driving separate vehicles. Victim contacted law enforcement and said my client struck her vehicle and drove away (Hit & Run). The police arrived and immediately suspected my client was under the influence of drugs or alcohol. The Trooper obtained a search warrant for a blood test and incarcerated my client. At arraignment, the judge ordered my client to immediately install an Ignition Interlock Device (IID). At first, the prosecutor wanted my client to plead guilty to all charges. Instead of accepting the State’s plea offer, we decided to press the offensive. The blood test results showed my client was not under the influence of any intoxicants. Also, there was no evidence showing damage to the victim’s car. Consequently, I filed pretrial motions to dismiss the charges due to unlawful stop and lack of evidence under State v. Knapstad, 107 Wn.2d 346 (1986) and State v. Young, 135 Wn.2d 498 (1998). Instead of arguing the motions, the Prosecutor agreed to dismiss all charges. At the dismissal hearing, I persuaded the judge to sign a Court Order mandating the immediate removal of the IID from my client's vehicle.