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Case Conclusion Date: 07.25.2016
Practice Area: Criminal defense
Outcome: Reduced & Dismissed
Description: Client charged with Driving While Under the Influence of Intoxicants (DUI) under RCW 46.61.502. This is a gross misdemeanor punishable up to 1 year jail, a $5,000 fine and mandatory minimum consequences including an alcohol/drug evaluation, treatment, 2-5 years of monitored probation, the suspension of driving privileges through the Department of Licensing (DOL) and the installation of a Ignition Interlock Device (IID) for 1 year. Here, Client had a minor fender-bender in the parking lot of a restaurant after consuming alcoholic beverages. Police arrived. Client was investigated and charged with DUI. At the police station, however, the arresting officer failed to remove Client's dentures and lip piercing before Client took the DUI breath test (BAC test). The officer's mistake was a huge departure from standard DUI investigation protocol because foreign objects in one's mouth can skew the results of a BAC test. Consequently, Mr. Ransom drafted and filed a motion to suppress the breath test due to the officer's flawed investigation. Mr. Ransom's pretrial motion opened the door for favorable negotiations. Mr. Ransom persuaded Prosecutor to amend the DUI to Negligent Driving First Degree, which is a 2-step reduction to a simple misdemeanor. Fortunately, this reduction also avoided both the suspension of Client's driving privileges and the installation of an IID. Mr. Ransom also negotiated no jail, a small fine, no probation and 8 hours of community service. Even better, Mr. Ransom negotiated a 1-year Deferred Sentence. This outcome allows for complete dismissal of the case after Client completes the aforementioned tasks within 1 year's time.