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Changes to Washington DUI Sentencing Laws Coming January 1, 2022

By Ember Law  |  October 13, 2020

When the Washington Legislature updated RCW 46.61.5055, amongst others, it made some important updates to how individuals are sentenced for DUI or Physical Control.  While not comprehensive, this post will cover the substantive changes and hopefully help you understand the law a little better. First Offense / No Prior Offenses Within 7 Years If you were convicted of DUI, it...
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New Hope Act Makes Expands Access to Vacating Criminal Records

By Ember Law  |  October 12, 2019

If you’ve read our prior post on expunging or vacating your criminal record, you learned that unless you met the stringent requirements, removing a conviction from your record was impossible. Fortunately, our legislature and governor recognized what criminal justice advocates have stated for a while – a criminal conviction can be a scarlet letter. It draws attention to your mistake...
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Negligent Driving

By Ember Law  |  August 20, 2019

Negligent Driving in the First Degree (Neg 1) Negligent Driving in the First Degree is a misdemeanor, punishable by a maximum of 90 days in jail and $1000 fine.  A person is guilty of this offense if they (1) operate a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or...
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Three Strikes and It’s Life

By Ember Law  |  August 15, 2019

The Washington Supreme Court just recently decided State v. Moretti, which was consolidated with 2 other cases. The cases asked if it was constitutional, under Washington law, for a person to be sentenced to life in prison, without the possibility of parole, if they commit a third “most serious offense” (i.e. a “third strike”) in their 30’s and 40’s, when...
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If The Police Ask, Do I Have to Get Out of The Car?

By Ember Law  |  August 10, 2019

In Washington, a police officer may direct a driver (that’s you – probably) to step out of the vehicle, even for an infraction.  The Supreme Court has held that such a request is a “de minimis” violation of your Fourth Amendment rights, and is therefore allowed. However, in order for a request to exit the vehicle to be constitutional, the...
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DUI & Physical Control Probation

By Ember Law  |  August 1, 2019

Courts impose a number of mandatory and case-specific conditions on a defendant when ordering probation.  Some require affirmative acts – such as getting a drug and alcohol evaluation, completing recommended treatment, and participating in a victim impact panel.  Other conditions are prohibitive – do not refuse a valid request for breath or blood to determine alcohol concentration, do not drive...
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What Information Do I Have to Give to the Police?

By Ember Law  |  July 3, 2019

When a police officer contacts a driver, RCW 46.61.020 requires the driver to cooperate with law enforcement, specifically by giving his or her name, address, and the name and address of the owner of the vehicle.  Drivers must also produce, upon request, the vehicle registration, insurance card, and their driver’s license.  The registration must be signed by the registered owner and in...
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