Seattle Criminal Attorney | Crossing the Breath Test Expert

If you are a brand new Seattle criminal attorney or a seasoned veteran the same universal truth still remains - the DataMaster is a mysterious beast that is hard to get your hands around. Buzzwords like thermister, slope detector, and infrared spectroscopy. As a criminal defense attorney, how do you wrap your hands around that well enough to successfully cross examine an expert on the subject? The short answer - just like you do for everything else - prepare. The long answer? Read the Criminal Attorney in Seattle Blog below.

The first rule of examining an expert witness like this is not to forget that you are not an expert. Don't get in a battle of wits with them, for two reason. One, you will lose. And two, you will end up giving the expert a chance to talk theory, science, process, and mathematical formulas. This is stuff he is really interested in and stuff you may be interested in, but the jury doesn't want to hear it.

Second, start with the basics. While you have the guy on the stand, go through the history of the machine with him. If he doesn't know it it will hurt his credibility. If he does know it, it will give some good information to the jury. Take this opportunity to discuss the process of designing the machine, which has included many changes, and some interesting test results.

Third, go for the maintenance records of that particular machine. One of the actual beneficial things about this machine is the data it keeps about itself and stores just waiting for you to take a look at it. As a DUI attorney in Seattle, this is just the information you are looking to take advantage of. What you will see if you take a look is a set of problems occurring around your client's test that were not able to be recreated or "fixed" necessarily. If the cause of the malfunction is a mystery, how can the machine be accurate?

Fourth, and finally, attack the database, which houses all of the information about the DataMaster. You can see error codes on the database and other information related to the inaccuracy or malfunction of the machine. Do a little digging and you'll be surprised at what you can find.

If you are charged with Seattle DUI, don't settle for a criminal lawyer that will just go through the motions. Get someone who will do some digging, who will fight for your case. It can mean the difference in conviction and dismissal.

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Seattle Criminal Attorney | Consequences of a DUI Conviction

Almost all of my focus, when dealing with clients, is on the criminal aspect of how their actions can affect their lives. For example, with a client, we might talk about the penalties associated with Washington DUI, or the penalties, both given by the court and imposed by your insurance company, for getting hit with a Seattle speeding ticket. But there is a side we really hardly ever discuss that can be a huge point of contention in some circumstances - civil lawsuits.

To explain what I'm talking about, an example might be more helpful. And there just so happens to be one in today's Seattle times. Although the story is less about the drunk driver and more about the bar and waitress that served him, it is a good indicator of what can happen to you if you aren't careful. The story is pretty straightforward (you don't even need a Seattle criminal attorney to comprehend it).

A guy was at a bar in Seattle drinking a lot. He left the bar, and while he was driving home he crossed the center line and hit another car. He died, and many other people were injured, including a small boy who was paralyzed. But the story doesn't stop there. The people in the vehicle sued the bar and the waitress and received a 14 million dollar verdict. In the worst circumstances, your Seattle DUI could turn out the same way.

The only reason the drunk driver wasn't sued was because he was dead. But, contrary to popular belief, insurance doesn't cover everything. It only covers up to a specific amount. If a judgment is levied against you for more than the insurance limits, you are on the hook for that. What I mean is, if you have a job, money could possibly be taken out of your paycheck (for a long long time) to make you pay off your debt.

If you end up with a DUI accusation you need a Seattle DUI attorney to help you. And many times the DUI charges against you are trumped up based on junk science and police officers looking to bust someone for DUI. But sometimes you are too drunk to drive. Don't be the bad guy in the next article that comes out like this. Be careful, and if you are arrested for DUI in Seattle, we can help.

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Seattle Criminal Attorney | Don't Hit People with Golf Clubs

Although this isn't really a Seattle criminal law story, it is still pretty interesting, so I thought I'd write about it here on the Criminal Attorney in Seattle Blog. Not only does it provide a good lesson about keeping your cool, it also provides a good lesson about the consequences of your actions.

This story comes out of the Seattle Times and is about a golf game gone awry. I'm sure you remember this story, but about a year ago a couple of groups of golfers were busy golfing away in Auburn when one group, which was behind the other, complained to the marshals (the guys that roam the course making sure people are behaving and playing fast enough) that the people in front of them were playing way to slow. When the marshal asked the front group to pick up the pace they weren't too happy about it, and at some point confronted the golf group behind them.

Now, any normal person would have probably just said sorry we were playing so slow or yelled a little and acted tough, but not the guy that is the subject of the story. This guy decided to hit one of the guys in the back group in the head with his six iron. And he hit him so hard the guy fell to the ground, bloody and convulsing.

Now, I wasn't there, so I don't know exactly what happened, but I can't think of many situations where a golf club to the head is the answer. And the jury didn't either, finding the guy guilty of second-degree assault, a class B felony (which is serious business). And the judge didn't either, sentencing the guy to 21 months in prison. Not a way the guy probably thought his golf game would end that day.

As you can see, this isn't necessarily a post about Seattle DUI at all, but there are some important lessons here that can apply. First, keep your wits about you at all times. If you are going to drink a lot, don't drive - don't take the chance of getting in trouble and needing to call me for help. Second, think before you act. Although it may sound cool to drive as fast as you can or shoot that gap, as your potential criminal attorney it is going to be hard for me to explain that away. And finally, be a nice person (this doesn't apply to DUI law at all, it's just good common sense).

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