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
Statute of Limitations for Child Sexual Abuse in New York State and California
California is a lot like Washington State in that it allows for victims with “repressed memory” of abuse to bring suit many years after the abuse may have happened. Unfortunately, one of the most populous states in our country, New York, has failed to follow suit. Although the legislature in New York has been urged … Read more
Statute of Limitations for Child Sexual Abuse in Washington State
Many people are unaware that they may be able to bring an action against their abusers decades after the abuse has occurred. Victim Impact PanelIn Washington State, as in many other states, a victim an such an assault may not even understand the damage that has been caused to them by the abuse until years … Read more