Hit and run may be resolved by civil compromise.

On November 12, 2009, in DUI Law, Snohomish County, Washington State, by Scott W. Lawrence, Esq.

Some imporant DUI-related rulings were handed down in Washington in October.  State v. Stalker, decided October 19, 2009 by Division I involves a DUI and Hit and Run.  This case is relevant to DUI Defense because of the significant number of Hit and Run charges that accompany DUIs. The trial court dismissed the Hit and Run on a showing of civil compromise. [A civil compromise, under RCW 10.22, allows the court to dismiss most misdemeanors if the victim declares that he or she: (1) has been paid back for all damages; and (2) does not wish to pursue criminal charges.]

In Washington, restitution cannot be ordered on a Hit and Run because the damages are not a result of the crime. The crime is leaving the scene of an accident, not the act of getting into the accident. On appeal, the Prosecution argued that the same reasoning should apply to a civil compromise of a Hit and Run. Payment for damages should not be considered restituion for the crime because the damages were not the result of any crime. In making this argument the prosecution urged the court to overturn prior precedent which specifically allowed for civl compromise of a Hit and Run.

The court of appeals agreed with the trial court and upheld the dismissal. Thus, civil compromise remains a great tool in resolving Hit and Run and many other crimes by taking discretion out of the prosecutor’s hands and placing it with the victim.

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Barabra Madsen named Chief Justice of the Washington Supreme Court

On November 6, 2009, in DUI News, Washington State, by Scott W. Lawrence, Esq.
Justice Barbara Madsen

Justice Barbara Madsen

Former public defender Barbara Madson has been named Chief Justice of the Washington Supreme Court.  She has served on the court for 16 years and will be the third woman to hold this position.  She  will succeed the court’s longest serving Chief Justice Gary Alexander.

A local product, Justice Madson wass born in 1952 in Renton, Washington.  She graduated from the Universtiy of Washington and attended law school at Gonzaga University.  After passing the bar she worked as a public defender in King and Snohomish Counties before moving on to the Seattle City Attorneys office.  In 1998, Justice Madsen was appointed to the Seattle Municipal Court bench.

For more infomation on Justice Madsen you can check out her biography on the Washington Courts site and the Washington State Supreme Court Blog has compiled a list of some of her more notable decisions.

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Lynnwood Municipal Court “Fingerprints & Photographs Required”

On September 23, 2009, in Bothell, DUI Law, Lynnwood, Mill Creek, Snohomish County, Washington State, by Scott W. Lawrence, Esq.
Arrested in Lynnwood?

Arrested in Lynnwood?

If you have been arrested and/or cited in the City of Lynnwood you may have received a yellow slip of paper directing you to report to jail for formal booking.  The notice states: “Prior to your scheduled arraignment you must report to the Lynnwood Police Department jail to be fingerprinted and photographed.  You must report on Tuesdays, Thursdays or Saturdays between 11:00 am. and 3:00 pm.  Bring your citation with you.” 

When an individual is arrested the police may record identifying information of the suspect, such as a physical description, fingerprints or “mug shots.”  However, once you are released from custody you cannot be compelled by the police to return for the purpose of providing this information.  That doesn’t mean they can’t ask.  If you want to spend your time going to the police station to submit to these invasive procedures no one can stop you.  But, in my opinion, there are better ways to spend a day. 

If the police approach you about this you should immediately ask to contact your attorney.  On the other hand, under certain circumstances, a court may issue an order compelling you to provide fingerprints, or other evidence.  Again, contact your attorney if you are served with such an order.

To be clear, this is much different than your Sixth Amendment right to an attorney and your Fifth Amendment right to remain silent.  If you are contacted by the police you should always ask if you are free to leave.  If you are, then leave.  If not, then assume you are under arrest.  If you are under arrest you should always exercise your right to an attorney and never answer questions or take tests without consulting an attorney first. 

Also, if you are under arrest the officer may conduct a search of your person and belongings.   Do not obstruct the search.  Never consent to any search (Did I say never? I meant never, ever, ever…).  If the officer has authority to search he or she will do so with or without your permission.  On the other hand, if the officer lacks authority to search (and you have not consented) it may lead to the exclusion of any and all evidence.

In general it is always a good idea to consult an attorney before talking to police.  If you have received one of these notices and feel compelled to comply please consult a Lynnwood Criminal Defense Attorney to discuss your decision before contacting the police department.

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