Deadliest Catch star Jake Harris,24, was arrested last night on suspicion of DUI, Hit & Run and Driving While License Suspended.  He is currently sitting in the King County jail in Seattle where he was booked Thursday night just before midnight.   

It’s been a bad year for Deadliest Catch’s Harris family.  Captain Phil Harris, 53, died of complications from a stroke earlier this month in an Alaskan hopital. 

People magazine spoke with the Washington State Patrol regarding the incident.

“Mr. Harris was spotted driving a BMW 3 Series erratically Thursday evening by a citizen in Shoreline, Wa. We were able to locate his vehicle by aircraft, and he was pulled over in the Seattle area. The car was registered to his father,” says Washington State Patrol spokesman Dan McDonald.

“He failed a field sobriety test and refused to take a toxicological test,” McDonald added. “After further investigation, it was found that he was involved in a hit and run with another occupied vehicle earlier in the evening. He had rear-ended another car.”

Post to Twitter Tweet This Post

Hit and run may be resolved by civil compromise.

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.

Post to Twitter Tweet This Post

Tagged with: