Month: December 2015

WSP “Dragging” its Feet Installing the Draeger 9510

Since 2009 the Washington State Patrol has been looking to replace the current breath test machines, the BAC DataMaster, with the Alcotest 9510 manufactured by Draeger, a German company. It was originally anticipated that the Draeger would be installed in 2011; however, they are still not being used. An analysis of the contracts being entered  … Read more

Slip and Fall on Rental Property

Washington, like most states, has stuck with the common law classifications for determining premises liability. These classifications include invitees, licensees, etc. For purposes of lawsuits against landlords, residential tenants and their guests are considered invitees pursuant to the residential landlord tenant act. This is helpful as the highest duty of care is owed to invitees  … Read more

State Supreme Court All But Eliminates Pretext Stop

This week the State Supreme Court decided State v. Arreola. Unfortunately, they decided incorrectly. The officer who testified in the case was very candid. He admitted that his attention was drawn to a vehicle which another witness told him was being operated by an intoxicated driver. He followed the vehicle for some time, but did  … Read more

Federal DUI cases

A federal DUI case can arise in several different ways. For example, a person who is driving under the influence in a federal park or other federal property may find themselves in federal court instead of their local criminal court. Members of the Armed Services who have found themselves arrested on military bases will be  … Read more

Domestic Violence Impact Panels

Domestic violence impact panels are a fairly new to Washington State. They seem to modeled upon victim panels associated with drunk driving. The Domestic Violence Impact panel lasts about two hours and usually costs around $35.00. The panel may be composed of a Family Members of a murdered victim of Domestic Violence, a former Victim  … Read more

Kirk Davis Teaches Other Lawyers

On March 8, 2013 in Seattle, I will be an instructor at a continuing legal education course for lawyers called Aggressive Defense in Washington. We will discuss how to deliver a compelling closing argument while also helping the jury go through the jury instructions. Other presenters at the seminar include some of the best known  … Read more