Category: News

In Washington State, claims for personal injury (and other civil matters) $50,000 and under may be placed into Mandatory Arbitration. (RCW 7.06) It is often helpful to put cases into Arbitration to help avoid the common defense tactics of deny, delay and defend. The benefit of arbitration includes a quick hearing on the case as  … Read more

Lazy eye, or Amblyopia, is a condition which, in my opinion, invalidates the Horizontal Gaze Nystagmus (HGN) test of the standardized field sobriety tests (SFSTs) described in the NHTSA manual. The 2004 NHTSA DWI Detection and Standardized Field Sobriety Testing, Student Manual, directs law enforcement officers to ask about medical conditions. One would think that  … Read more

Unquestionably, standardized field sobriety tests or SFST’s are a search. Pursuant to Art. 1 § 7 of the Washington State Constitution, persons are to be free from government intrusion into their private affairs. Although the government argues otherwise, SFST’s are a search because they require intrusions into private affairs. It is undeniable that asking someone  … Read more

On September 20, 2013, I will be teaching students at Seattle University Law School how to maintain a successful practice.

In the latest United States Supreme Court case of Maryland v. King, the high court in upholding a Maryland law which allowed collection of DNA samples from all suspects charged with dangerous felonies stated: “The legitimate government interest served by the Maryland DNA Collection Act is one that is well established: the need for law  … Read more

Fuel cell technology used in many ignition interlock devices is far from being perfect or “smart.” There are all kinds of things that can lead to false positives resulting in the vehicle failing to start. Here are just a few of the things can lead to false positives: 1. Spicy Foods – Some foods can  … Read more

The owner of a dog that bites a person is liable for damages when the injury occurs in a public or private place. RCW 16.08.040. It does not matter whether the person injured was on public property or private property. RCW 16.08.040. The law imposes strict liability in these circumstances which means that, unlike most  … Read more

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

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

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