Can I postpone my Washington Department of Licensing Hearing?

THE DUISEATTLE.COM BLOG : Can I postpone my Washington Department of Licensing Hearing? window.fbAsyncInit = function() { FB.init( { apiKey: 'a279adbe87e2b3c505e777af99a5260d', xfbml: true } );};( function() { var e = document.createElement( 'script' ); e.async = true; e.src = document.location.protocol + '//connect.facebook.net/en_US/all.js'; document.getElementById( 'fb-root' ).appendChild( e );} )(); THE DUISEATTLE.COM BLOG Your 2015 Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. OVER 20 years of experience. Call or Text right now - 206.335.2422 for a Free Consultation. HomeArchivesProfileSubscribe Lawyer Walter Kotlowski | Top Attorney DUI Can I postpone my Washington Department of Licensing Hearing?Do I need an attorney at DUI arraignment?How can I check my Washington License Status?Do you DUI attorney's offer payment plans?When should I do my Evaluation?What documents do I need for my evaluation?Can I drink alcohol on a mental health deferred prosecution?How is the DUI attorney fee typically structered?What's the very minimum treatment requirement on my DUI case?Where can I do my DUI Jail time? Search OFFICEContact Information
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March 28, 2015 Can I postpone my Washington Department of Licensing Hearing?Yes. You can continue or postpone the Washington State Department of Licensing (DOL) Administrative Hearing one (1) time - no questions asked. (more than once usually requires an emergency situation.) You will have to fill out an Administrative Hearing reschedule form available on the DOL website. See Link. Reschedule Hearing. You call DOL first to reschedule hearing and then fax the completed form to DOL. 

Posted at 10:08 AM in DOL administrative hearing, DOL Hearing, DOL Issues | Permalink

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Convicted Drunk Drivers Viewed as “A Significant Public Safety Threat” by the Department of Homeland Security

Convicted Drunk Drivers Viewed as “A Significant Public Safety Threat” by the Department of Homeland Securitycategories: DUI

Immigration authorities announced Monday that over 2,000 foreigners who had criminal convictions had been arrested during a five day nationwide operation in early March. This “sweep” was conducted primarily by the Immigration and Customs Enforcement Agency. Alejandro Mayorkas, Deputy Secretary of the Department of Homeland Security, conducted a news conference in Washington, saying, “It had focused on deporting people who were the department’s top priorities because they posed serious public safety or national security threats.” Security officials went on to state that of the more than 2,000 people arrested “hundreds of them had convictions of driving under the influence of drugs or alcohol.” Advocates for immigrants have asked for leniency for immigrants with drunk driving cases, saying that oftentimes they were workers supporting their families. But immigration officials said Monday that they regarded those drivers as “a significant public safety threat.”Read More

A central part of President Obama’s immigration policy is showing tough immigration enforcement. President Obama’s controversial executive actions that protect millions of immigrants from deportation has been controversial – and has currently been placed on hold by a federal judge in Texas.

The significance of this story is that a cabinet leveled agency has now defined and labeled drivers convicted of DUI/drunk driving as “a significant public safety threat.” It has never been more important to hire an experienced and aggressive DUI/drunk driving defense team to work for you if you have been arrested and charged with DUI. Remember – “an arrest is not a conviction!”

Greenville, South Carolina DUI Attorney Steve Sumner primarily handles misdemeanor and felony DUI/drunk driving cases. Steve is a former DUI prosecutor and has been in private practice since 1994. Steve has been recognized as a South Carolina Super Lawyer® in the field of DUI defense since 2013. He is a member of the National Trial Lawyers: Top 100 Trial Lawyers™ for criminal defense. He is a member of the National College for DUI Defense and has held a judicially endorsed AV-Preeminent rating from Martindale-Hubbell® and a “Superb” (10.0 out 10.0) ranking with Avvo since 2011.
Link to Story: http://www.nytimes.com/2015/03/10/us/us-immigration-authorities-arrest-foreigners-convicted-of-crimes.html

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Justice Department Reins in Civil Asset Forfeiture

The Justice Department has just issued an order that reigns in the civil asset forfeiture program. In case you missed it, civil asset forfeiture is the program that lets police seize any vehicles, houses, or currency that they suspect is associated with crime. They can do this even if the person who had the vehicle, house, or cash is never charged with a crime.

The order basically eliminates the equitable sharing program, which let local police agencies seize assets and then share them with federal agencies like the FBI or DEA.

According to the Washington Post, police agencies across the country have seized more than 3 billion dollars’ worth of property since 2008 under the equitable sharing program. That’s more than the yearly GDP of Belize, Guyana, or Liberia.

Although the order limits the equitable sharing program, it doesn’t eliminate it entirely. Local police can still seize firearms, ammunition, explosives, or computer equipment associated with child pornography under equitable sharing. The order also doesn’t apply to any joint task forces between federal and local agencies or federal seizure warrants.

Also, most states have their own asset forfeiture programs. Florida’s “Contraband Forfeiture Act” allows the police to seize cash, vessels or equipment if they suspect is the product of illegal activity. The state must then prove that the property was used or obtained in violation of the act by “clear and convincing evidence.” This is the middle of the three burden-of-proofs – higher than “the preponderance of the evidence” (used in most civil cases) but lower than “beyond a reasonable doubt” (used in all criminal cases). If you like percentages, think of the “preponderance of the evidence” as 50.000000000000000000000000000 … 01%, and “beyond a reasonable doubt” as 99.99999999999999999999999 …9%.

Don’t get me wrong – the Justice Department’s ending of the equitable sharing program is a big step forward. But just because that program is over (kind of), it doesn’t mean that police can’t seize assets from people arrested for a crime.

photo credit: Chris Yarzab via photopin cc

Sam proudly represents those accused of crimes and injured through no fault of their own throughout the greater Tampa Bay area.

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Los Angeles Police Department to Increase DUI Checkpoints for Cinco de Mayo Holiday

For many, Cinco de Mayo is a time to gather with coworkers, friends, and family for margaritas and to celebrate an important cultural holiday.

However, law enforcement agencies are beefing up DUI saturation patrols and California DUI sobriety checkpoints to stop, test, and arrest drivers they suspect of being under the influence.

Here are the latest Los Angeles DUI sobriety checkpoints that are scheduled for this weekend. For more information, you can contact the local law enforcement agency a couple of hours before the reported time to learn the exact locations of some of the more general posts.

Thursday 5/3
The Los Angeles Police Department will conduct saturation patrols in Van Nuys from 6pm Thursday night to 2am Friday morning.

Friday 5/4/12
Sobriety checkpoints will be operated at the intersections of Vermont and Sixth Street and at Hollywood Blvd. and Gower St. from 7 pm Friday to 3am Saturday.

Saturday 5/5/12
LAPD will operate sobriety checkpoints at the intersections of Cahuenga Blvd. and Northlawn Drive in North Hollywood from 7pm Saturday to 3am Sunday.

The California State University, Northridge Police Department will conduct a sobriety checkpoint beginning at 9pm Saturday to 3am Sunday at an intersection near the CSUN campus.

Sunday 5/6/12
DUI saturation patrol will be conducted in 77th Street area from 12pm to 8pm.

Sobriety checkpoints will be operated at the intersection of Imperial Highway and Main Street in Southwest area from 7pm Sunday to 3am Monday.

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Boston Police Department Investigates Officers For Court Misconduct – Attorney Sam’s Take

I guess it is a good thing that I am vacationing in New York as I write this; the Boston Police Department just broken my heart!

Imagine my excitement after all the blogs I have written about police misconduct...particularly the off-an-on relationship law enforcement seems to have on the stand when it comes time to testify. I found an article on the Boston Herald announcing, “BPD eyeing possible ‘misconduct’ of 4 officers”

My hopes even grew as I learned that said misconduct involved what they did in court!

“Oh boy, oh boy, oh boy”, I thought. “Finally, this is going to be addressed. Hurray for law and order and no-nonsense prosecutors”, I thought.

But then I read on.

“Testilying”, as it was called in Brooklyn, was not what everybody was worried about.

You see, it is true that a Boston police detective sergeant is on paid leave and three other officers are on administrative duty while internal affairs and prosecutors investigate the possible misconduct, according to a police statement. However, the “misconduct” has nothing to do with robbing citizens of their liberty through blatantly breaking the law against perjury.

Instead, the transgression has to do with making too much overtime.

Kind of a white collar sort of thing. Kinda sorta.

You know, the kind of thing that would be called "fraud" if you or I did it.

You see, police officers make overtime pay for court appearances that fall on their days off or at times that are not part of their regular shift. The concern, according to Boston Police spokeswoman Elaine Driscoll, is whether four officers went to court when they were not supposed to go.

“At this point we’re trying to determine the facts and circumstances relative to this investigation,”Ms.. Driscoll explained.

She further explained that the situation has led the department to audit the system it uses to manage police officers’ court appearances. In a message from Boston police Commissioner Edward Davis to the entire department, Davis said the investigation involves “several” officers from Area E-5 Hyde Park/West Roxbury.

A vital and necessarily huge investigation like this cannot be handled by the police department alone. And so, Suffolk District Attorney Daniel Conley’s office is cooperating with the department and monitoring its investigation a spokesperson for the DA announced. She said that “The commissioner has called for an audit of the court reporting system...At this point, it’s a citywide audit. It’s just good management, being extraordinarily thorough.”

As you can imagine, serious allegations like this requires a vigorous defense. It should therefore be no surprise that Gerry Sanfilippo, president of the Boston Police Detectives Benevolent Society, has weighed in, saying that the union remains firmly behind its members as the investigation moves forward.

He further explained “We always support our members to the fullest.”

Oh, thank G-d. I thought that the Commonwealth’s priorities had somehow collided with common sense in my absence!

Over the past quarter century, both as a prosecutor and a defense attorney, I have had a great deal of experience dealing with law enforcement and police testimony.

My eyes moisten as I remember the early days, in Brooklyn, when I was preparing an officer to testify on a search and seizure matter in a drug case. I asked the officer how the search happened, trying to find a way to make two inconsistent stories somehow consistent.

His answer was, “Which was is better?”

Smile, smile, nudge, nudge, wink, wink.

He actually seemed somewhat confused when I told him, “The way it actually happened.”

Police officers are given a great deal of deference by judges and jurors when they testify. It is assumed that they always tell the truth. Of course, it is also assumed that were the officers to stray from the truth after taking that all-important oath, the prosecutors would surely prosecute.

You remember the last time something like that actually happened?

No, I didn’t think so.

Naturally, the powers that be are not concerned with such things. After all, who do they hurt...defendants? Come on, things are much too tight to worry about them.

After all, there is money involved here!

So, don’t look to the Commonwealth for considerations of fairness and an even playing field.

If you want a shot at that, look for an experienced criminal defense attorney who knows the situation to argue for it on your behalf.

If you want to talk to me about a case, feel free to call me at 617-493-3000.

In the meantime, have a great, safe and law-abiding weekend!

To view the original story, please go to : http://www.bostonherald.com/news/regional/view.bg?articleid=1317663&srvc=rss

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Travis County Hospitals and Sheriff's Department have finally figured out that Forced Blood Draws are a bad idea. When will Chief Acevedo figure it out?

Home > Blood Test > Travis County Hospitals and Sheriff's Department have finally figured out that Forced Blood Draws are a bad idea. When will Chief Acevedo figure it out?Posted on January 11, 2009 by Ken Gibson The Austin American Statesman reported in today's paper that Austin's Hospitals and the Travis County Sheriff's Department have informed the Austin Police Department (APD) that they will no longer collect blood for APD.Travis County's central booking facility had been the place where APD took their suspected DWI folks for the forced blood draw.  APD would rely on the Sheriff's nurses to do the forced blood draw.  (If the person refused, they would literally strap them in a chair so that the person couldn't move their arms, and then stick them with the needle)  The Sheriff's Department nurses stopped taking blood samples on January 1.  The Sheriff's Department has finally realized that the nurses main function should be to treat inmates, not collect evidence.  Further, they are deeply concerned about having to give nurse's overtime pay to appear in court after having been the one that draws the blood.Since the Sheriff's Office stopped doing the blood draws, APD started taking suspects to the hospital for the blood draws.  (I can't verifiy this, but I heard that the hospital was charging APD $400.00 per blood draw.)  The Hospital representatives have now told APD they don't want them to bring suspects to jail for blood draws.  The Hospital staff are worried about lawsuits, and are concerned because these types of blood draws are not being done for medical reasons.  Further, the Hospitals are worried about who will pay for the nurse's time when they are called to court to testify about the procedure they used to draw the blood.  Chief Acevedo thinks he has figured out a way around these problems.  APD contracted with a private phlebotomist to draw the blood of folks on Halloween weekend and New Years Eve.  APD agreed to pay the phlebotomist for three eight hour shifts during these weekends.  What APD didn't contract for was pay for this phlebotomist when she is drug into court to testify about the blood draws.  I predict there will be a lot of screaming from the phlebotomist when she finally figures out that the money she received per hour will now be reduced by the number hours she has to sit in court.In the Statesman article, an "expert in blood draws" states that "the state laws are clear that nurses and hospitals are protected from such suits.  What the "expert" appears to be referencing is Section 724.017 of the Texas Transportation Code.  The relevant section, section (b), states:

The person who takes the blood specimen under this chapter, or the hospital where the blood specimen is taken, is not liable for damages arising from the request or order of the peace officer to take the blood specimen as provided by this chapter if the blood specimen was taken according to recognized medical procedures.

However, this "expert" left out the final sentence to section (b):

This subsection does not relieve a person from liability for negligence in the taking of a blood specimen. 

Now, what the "expert" seems to be forgetting is that it will ultimately be up to a fact finder (Judge or Jury) to determine if negligence took place.Also, I bet no one informed the phlebotomists that they could be held liable for the blood draws either.  APD is treading on thin ice on this issue, and the sad part is, they either don't even realize it, or they just don't care.
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Austin Police Department set to roll out new Bat Bus

Posted on May 1, 2007 by Ken Gibson

The City of Austin has decided to replace their current BAT Bus(Breath Alcohol Test Bus) with a new improved BAT Bus.

The city agreed to buy a breath alcohol testing bus so officers don’t have to make the trip to the county jail.

The new Bat Bus will have to stations for Intoxilyzer 5000s as well as workstations for the officers to review the videotapes of the incident and prepare the offense reports.

Futher, there will be City Marshalls on hand to transport folks who have been arrested to the jail facility. This will allow officers like the one they call “the Machine” to get back on the street faster. The Machine currently holds the record for making 7 arrests in one night.

“Typical, DWI arrest takes between three and four hours,” Austin police Cmdr. Patti Robertson said. “It narrows it down. Takes off 3/4 of that time. They have all the paperwork, turns it over to the officers on the bus.”

DWI has become big business in Austin.

“We are at 800 per 100,000 people for DWI arrests…” Robertson said. “What that means is we are ……the highest in the state for DWI arrests. I think that speaks volumes.” It certainly does.

There are approximately 10 different agencies in and around Austin that are all competing for grant money related to DWIs. The question then becomes, “Could this possibly motivate officer to make more and more arrests?” My belief……ABSOLUTELY!

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