In an arguably local-landmark case held at the South Division Snohomish County District Court earlier this month, Attorney Jonathan Dichter – founding lawyer of DUI Heroes – was able to effectively use his experience and eye for inconsistencies to the advantage of a client facing DUI allegations – and perhaps other alleged DUI offenders throughout the state of Washington.
During the DUI case, which was held on June 10, 2013, Attorney Dichter argued for the suppression of his client's breath test on the basis that law enforcement officers violated new Washington Implied Consent Laws. These new implied consent laws were established shortly after the passing of Initiative 502 – the marijuana reform measure legalizing the use and possession of small amounts of marijuana for adults 21 and older, as well as its regulation and taxation by local and state government.
While such monumental legislative changes may be great news for marijuana advocates throughout the nation – as marijuana's illegality under federal law is a heated topic – it proves to be a significant challenge in the legal and criminal justice realm. Legislation, statutes, and law enforcement tactics were forced to adapt to Washington's legalization of marijuana, and in the process, they seemed to have dropped the ball when it comes to DUI enforcement.
Laws change and evolve constantly. As a result, so must law enforcement and the criminal justice system. Knowing this, Attorney Dichter took a stand on behalf of his client and highlighted the profound inconsistencies in new DUI laws and the enforcement of those laws. In particular, he focused on the Revised Code of Washington's Implied Consent law – RCW § 46.20.308. Under this statute, law enforcement officers must inform DUI suspects of their right to refuse a breath or blood test, the penalties that come with doing so, and various other aspects in the provision.
Part of these provisions and mandated warnings include law enforcement officers' requirement to advise suspects of the THC limits in place. Under Washington DUI laws, a driver is considered guilty of driving under the influence if, within two hours after driving, they have a THC concentration of 5.00. Law enforcement officers did not inform Attorney Dichter's client of these THC limits.
By arguing this point, Attorney Dichter was able to have his client's breath test suppressed as evidence in the case. He was the first person to argue this on a Snohomish County District case. Not only did this ruling impact the trajectory of the defendant's case, it also opens the door to the possibility that any breath tests conducted after December 6, 2012 can be suppressed as illegally given. This, in turn, may result in significant changes to DUI laws and / or to the ways in which law enforcement officers enforce those laws.
A Proven Lynnwood DUI Attorney
The influential ruling is a prime example of the creative and effective tactics an experienced DUI defense lawyer can use to benefit their clients. Attorney Dichter, who is a leader in DUI defense, exemplified his immense legal skills and his willingness to challenge inconsistencies in laws and law enforcement. An advocate for the rights of those accused of driving under the influence, Attorney Dichter can be an invaluable legal representative to anyone in need of reducing their risks of suffering harsh DUI penalties. If you or someone you care about has been arrested for a DUI in Lynnwood, Snohomish County, King County, or any of the surrounding communities, place your trust in a DUI lawyer on the forefront of this field. Contact DUI Heroes today.