DUI Laws

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SEIZURES:  In a recent Division Three Washington State Court of Appeals case, the court held that the act of pulling behind a vehicle as it was stopped in front of a driveway and thereafter activating the patrol car’s emergency lights constituted a seizure under the law.  The arresting officer seized the vehicle because activation of a patrol car's emergency lights constitutes a display of authority. State v. Gantt, COA No. 28777-7-III (Aug. 16, 2011). This case raises an interesting question as to which lights are sufficient to constitute a sufficient show of authority to be deemed a seizure.  Inquiry should be made to determine which light(s) or combination thereof was used by the officer in a particular situation.

CHARGING DELAY: The Washington State Supreme Court recently held that a negligent delay in filing charges against a defendant may violate due process of law. However, while this negligent delay may be deemed a violation, such violation does not mandate dismissal of the charges. The Court found that whether dismissal is appropriate will depend upon a balancing test: (1) can the defendant show actual prejudice from the delay; (2) if the defendant shows prejudice, the court will assess the reasons for the delay; (3) finally, the court must weigh these reasons against the prejudice to the defendant to determine whether fundamental conceptions of justice would be violated by allowing the prosecution to move forward.  State v. Oppelt, No. 84573-5 (Aug. 11, 2011).  It usually comes down to whether the defendant can still receive a fair trial.