520 112th Ave. N.E., Suite 101
Bellevue, WA 98004
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425 643-9424
206 623-1336
fax 425 454-8661

Thank you for visiting the Stein, Lotzkar & Starr, P.S. for assistance. In order for an attorney to represent you well they will need as much information about you and your case as possible.

A DUI IS SERIOUS BUSINESS

HIRE A SERIOUS SEATTLE DUI ATTORNEY

In 23 years of practice Howard Stein has represented people from almost every walk of life. Lawyers, doctors and commercial airline pilots have all trusted their careers to Mr. Stein. Each client has especially sensitive needs when it comes to Seattle DUI representation. Whether you are an engineer a contractor a salesman or in the software industry Stein Lotzkar and Starr will guide you past or through the potential pit falls that may affect your driver's license, your professional license, your ability to travel, immigrate or even fly a commercial airliner.

DUI: IF YOU ARE ARRESTED FOR A DUI IN WASHINGTON STATE, YOU WILL HAVE TWO DIFFERENT LAWSUITS FILED AGAINST YOU.

DOL v. YOU

First YOU WILL BE GIVEN A NOTICE OF A CIVIL ADMINISTRATIVE LAWSUIT BY THE POLICE OFFICER and /or THE DEPARTMENT OF LICENSING. This is a legal action designed to take away your driver's license (even if you have a License form another State) and/or your privilege to drive in Washington State. MAKE SURE THAT THE DEPARTMENT OF LICENSING HAS YOUR CURRENT ADDRESS. If the department does not have your current address you may not receive important notices about your suspension or about your court dates. You can update your address by going to any of the Driver's License Examinations Offices around the state and completing a form. Your can also update your address at the department's website; www.dol.wa.gov/driverslicense

IF YOU DO NOT REQUEST A HEARING AND PAY THE HEARING FEE (or request a fee waiver) WITHIN 30 DAYS OF YOUR ARREST YOUR LICENSE WILL AUTOMATICALLY BE SUSPENDED 60 DAYS AFTER YOUR ARREST.

YOUR LICENSE SUSPENSION COULD BE FOR 90 DAYS, ONE YEAR, TWO YEARS OR MORE, depending on your driving history and whether the officer says that you refused the test. If you are concerned about the specific length of you potential loss of license you can look here; www.dol.wa.gov/forms/500014.pdf. There are ways to avoid the license suspension but YOU CAN NOT AVOID THE SUSPENSION IF YOU DO NOT REQUEST A HEARING WITHIN 30 DAYS.

Stein, Lotzkar & Starr and our predecessor firm of Tucker and Stein have spent a career fighting against the Department of Licensing. We have had numerous cases against the Department in the Court of Appeals and the State Supreme Court. But don't take our word for it just click here and you can see the decision on in one of our more recent cases Redmond v. Wilson and Moore. In that case the Supreme Court told the Department of Licensing that it has unlawfully suspended hundreds of thousands of driver's licenses. But, more importantly for our clients it meant that their charges were dismissed.

Therefore we hold RCW 46.20.289 and .324(1) are contrary to the guaranty of due process because they do not provide adequate procedural safeguards to ensure against the erroneous deprivation of a driver's interest in the continued use and possession of his or her driver's license.
As such, because a driver cannot be convicted of the offense of driving while license suspended where the suspension violates due process.

Luckily not every persons case will go to the Supreme Court, but isn't it good to know that you have a lawyer who knows how to get there, and how to win! Remember, it is not as important that our client's know that we fight and win cases before the Supreme Court, as it is that prosecutors and judges know that we take case to the Supreme Court and win!

Winning administrative suspension cases isn't easy. The rules are written to make it very difficult for the driver. But you can not win unless your request a hearing within 30 days! While there are no guarantees, hiring the right attorney goes a long way towards improving your odds.

Contact Stein Lotzkar & Starr now to speak with the right attorney.

425 643-9424
206 623-1336
email

STATE OF WASHINGTON v. YOU

In order to prove a DUI charge the prosecutor must prove that you were driving while your ability to drive was appreciable affected by alcohol, drugs or a combination of alcohol and drugs. Appreciable affected means affected to any noticeable degree, it does not mean drunk. Washington case law does not distinguish between legal, illegal, prescriptions or over the counter drugs or medications. Any drug or medication that affects your ability to drive may be the basis for a DUI charge.

A criminal case is started when a prosecutor files a complaint with the court. In a few places the police officer will file a citation with the court to start the case. Because of the complexity of the law the most common procedure is for the police officer will complete his or her report and the forms that go along with it. The officer will send a copy of that package to the DOL to start the suspension process described above. The officer will also send the package to the prosecuting attorney. That attorney may need a few days or a few weeks before they have an opportunity to review the package and prepare a complaint.

You may be given notice to appear in court by the police officer at the time of arrest. If you are released or post bail your court date is usually the next day or within 48 hours.

In most cases, the driver is released by the police officer after arrest. The police officer sends the report to the prosecutor. The prosecutor files a complaint with the court. This process often takes 30, 60 or even 90 days.

Once the court receives the complaint the court will mail you notice of an arraignment date (Seattle Municipal Court calls this hearing an "intake"). The notice will come in a plain envelope and will be mailed to the address that is on your driver's license or the address that you provided to the police officer.

At arraignment the court will call you forward and ask you to confirm your true and correct name. The court will advise of the charge(s) against you and provide you with a copy of the complaint. The court will also advise you of your rights as a criminal defendant and of the maximum penalties that you face.

If you are convicted of Dui you will face the following mandatory and maximum penalties. www.courts.wa.gov/court_rules/Word/cljcrrlj4.023A.doc

In addition the Department of Licensing will also suspend your license as a result of a criminal conviction. To see the licensing penalties for a Dui conviction look here: www.dol.wa.gov/forms/551229.pdf

THE COURT WILL ASK YOU TO STATE YOUR PLEA, GUILTY OR NOT GUILTY. YOU SHOULD ALWAYS ENTER A PLEA OF NOT GUILTY it does not matter how guilty or embarrassed you feel, there are very, very few cases where a person should ever consider pleading guilty to a DUI at arraignment . You can always change your plead to guilty later. Once you enter a plea of guilt the charge goes on your record no trial no negotiations and no way to avoid the mandatory penalties! The best way to make sure that you are protected is to HIRE AN ATTORNEY BEFORE ARRAIGNMENT.

AFTER YOUR PLEA THE COURT WILL CONSIDER BAIL AND CONDITIONS OF RELEASE. The court may set bail and conditions of release based upon you criminal history the allegations in the case and based on the risk of you failing to appear for future court dates. If bail is set you are taken to jail and must actually deposit money with the court or hire a bondsman to post a bail bond for you. This generally only occurs it you have prior offenses. Conditions of release are conditions that you must agree to if you wish to be released without bail. The most common conditions are that you; appear for all court dates, have no violations of the criminal law, not drive without license and insurance and that you not use possess or consume any alcohol. These conditions will continue in effect as long as your case is awaiting trial.

The next Court date, in most courts is called a Pre-Trial Conference or Hearing. That is not the Trial it is a time for you and your attorney to come to court and file any motions that you may have. A defense may move to dismiss the case, suppress the breath test, suppress the Physical Field Sobriety "Tests" or other evidence. Any motion that your attorney and you feel should be brought can be raised at this time. For instance it is common to bring a motion to continue the case at this stage if you and your attorney are still investigating the case or wish to have more time to negotiate the case with the prosecutor.

After the Pre-Trial Conference the court will schedule a Pre-Trial Motion Hearing. This hearing is often like a mini trial without the jury. The court may hear testimony form the police officer and other witnesses. After the court has heard form the witness(es) the lawyers will argue the motions to the court. The judge will then make rulings. The court may suppress evidence; even dismiss the case at this point. Depending on the strength of the motions or depending on the Judge's rulings this is the time when your attorney and the prosecutor are most likely to discuss the case in earnest. Negotiated resolutions are more likely to occur at this stage then earlier in the process. After the Pre-Trial Motions the case is set for trial (if it has not been dismissed or negotiated).

Next the case is set for Jury Trial or Readiness to verify the exact trial date. There will be one last opportunity to negotiate the case, but in some courts if you and your attorney certify that you are ready for trail the court may impose restrictions or penalties upon the party who changes his or her mind.

TRIAL

Trial consists of several stages. A good lawyer will often have Motions in Limine or preliminary motions. These are requests that the court direct the parties and the witnesses to proceed in a certain way. After that the Court will bring into the courtroom 18 -24 perspective jurors. In Dui cases the Jury consists of only 6 members. The other perspective jurors are there in case some or all of the first 6 are unable to be jurors or are not wanted by the defense or the prosecutor. Each party can excuse up to three jurors for any lawful reason. Jurors who are biased incapable or who may be greatly inconvenienced if required to sit on thee case may be excused by the Judge for good cause.

Once the Jury is chosen the Prosecutor makes an Opening statement that is suppose to tell the jurors what evidence the prosecutor believes he or she will produce. The defendant may also give an opening statement at this time or later in the case.

The prosecutor then calls its witnesses. Each witness is sworn under oath and testifies in response to questions asked by the prosecutor in front of the jury. The defense may then ask cross examination questions of the witness. The prosecutor will usually call the arresting officer(s) any civilian witness who may have seen the driving. In addition if there is a breath or blood test that has been ruled admissible at the Pre-trial Motions Herring the prosecutor will call a member of the State Toxicologist or Breath Tests Technician to the stand. Each witness maybe cross examined by the defense.

Once the Prosecutor has complete its case the Defense may call witnesses. The defendant never has to testify unless he or she chooses to. The Jurors are told that they may make no inference form the fact that the Defendant chooses not to testify. In case involving the issue of intoxication, it is often helpful if he defendant can testify. Defense may call other witness people who know or saw the defendant on the night in question, doctors or others who may testify about a disability or a trait of the defendant that the officer did not know about and might have misinterpreted. Experts may testify about alcohol absorption and metabolism or about the breath or blood test. Your attorney should guide you and work with you in developing the case and the witness testimony.

PLEA BARGAINS AND ALTERNATIVES TO TRIAL

Trials are expensive; witnesses must be issued and served with subpoenas. Experts must be paid for there time and exhibits must be prepared and copied. A good lawyer may spend two hours preparing for every hour in court and cases with multiple witnesses may take two days or more to try.

Trials are uncertain. The cases that tend to go to trail are the cases that the parties disagree about most. So the parties and their attorneys each feel that they can win. These cases are by their nature the most unpredictable.

Trials tend to be high risk. Trials may be fun and challenging for the attorneys and expert witnesses but a defendant who is looking at a one year suspension on a first offense or the very serious penalties involved in a second or subsequent offense has a lot on line.

What can you expect in plea bargain negotiators? It depends on your case, your history and the particular prosecutor and court that have your case.

The most common plea bargain negotiations result in a reduction or amendment to one of the following charges with the understanding that the defendant will plead guilty to the amended charge.

Negligent Driving in the First Degree means driving in a negligent manner likely to caused injury to other persons or property while exhibiting signs of having recently consumed alcohol. Negligent Driving in the First carries up to 90 days in jail and a 1,000.00 fine there is no loss of license as a result of this conviction.

Reckless Driving is driving in a willful or wanton disregard for the safety of other person or property. It carries a penalty of up to one year in jail and a five thousand dollar fine. There is no mandatory penalty but there is a 30 day loss of license.

DUI above or below 0.15 these are the same crime except that if the prosecutor proves or the defendant pleads guilty to a breath or blood test above .15 or a refusal of the breath or blood test there are enhanced penalties. These include on a first offense an additional day in jail an additional $150 of base fine and an entire year of license suspension. For second or subsequent offenses the enhanced penalties are even more significant. A person charged with Dui and a refusal or a 0.15 alcohol concentration will suffer less mandatory penalties if the prosecutor agrees to a plea to a no test and no refusal DUI.

Fees

Because of this Stein Lotzkar & Starr offers its clients a bifurcated (two step) fee agreement. The initial retainer is a flat fee that will cover the attorney's fees for both the DOL administrative hearing and the criminal case up to and including the Pre-trial Motions. That fee will depend upon the nature of the charge(es) and the clients history and needs. Only if the case is set for trail will the client have to pay the second part of the attorney fee retainer. This is the fairest way to treat your case because 9 out of 10 ten case never actually go to trial. The case that do go to trail require substantially more time and effort.

YOU KNOW YOU HAVE THE RIGHT ATTORNEY WHEN

• YOUR ATTORNEY HAS OVER TWENTY YEARS EXPERIENCE
  
• YOUR ATTORNEY HAS BEEN BOTH A PROSECUTOR AND A DEFENSE ATTORNEY
  
• YOUR ATTORNEY HAS ARGUED AND WON CASES LIKE YOURS IN FRONT OF THE SUPREME COURT.
  
• YOUR ATTORNEY HAS A TEAM OF ATTORNEYS AND STAFF BACKING THEM UP
  
• YOUR ATTORNEY RETURNS YOUR PHONE CALLS WITHIN 24 HOURS
  
• YOUR ATTORNEY HAS TAUGHT OTHER LAWYERS
  
• YOUR ATTORNEY HAS BEEN INSTRUMENTAL IN RATING ENDORSING AND/OR SUPPORTING JUDICIAL CANDIDATES
  
• YOUR ATTORNEY MAKES ADEQUATE TIME TO MEET WITH YOU AND ENCOURAGES YOU TO ASK QUESTIONS AND PROVIDE INFORMATION
  
• YOUR ATTORNEY ANSWERS YOUR QUESTIONS CLEARLY EVEN WHEN THERE IS NO CLEAR ANSWER.
  
• YOUR ATTORNEY PROVIDES YOU WITH WRITTEN DIRECTION ON THE THINGS YOU NEED TO DO.
  
• YOUR ATTORNEY PROVIDES YOU WITH A CLEAR UNDERSTANDING OF YOUR FINANCIAL OBLIGATIONS

WHEN YOU RETAIN US you will get a check list of things to do and look out for. We will work together to avoid and or minimize the impact of any charge against you.

We will enter a Notice of Appearance on your behalf and demand that the prosecuting attorney provide us with the officer's report, the breath test document and any other document or information that they have which they intend to use against you or which tends to establish your innocence.

KNOWLEDGE IS POWER

Stein Lotzkar and Starr also makes it a point to obtain the officer's training history and the breath test machine history of certification repairs and tests. We will demand all recorded communications between the officer and the dispatcher any "911" communications and something called the "MCD" traffic which is the written communication that the officer has over his or her mobile computer terminal. In individual cases we may seek additional information such as aerial photographs, previous reports of or reprimands regarding an officer. This kind of information allows us to dig deeply into the case by knowing exactly what was said and done at what time. In addition we will review the officer's training regarding the administration of Physical Field Sobriety tests the Preliminary Breath test (if any) and the Evidential Breath test known as the BAC Daatamaster.

A GOOD LAWYER KNOWS THE LAW

A GREAT LAWYER KNOWS MUCH MORE

WE don't leave anything to chance or any rock unturned. In order to defend people charged with DUI we want to know everything. When your hire us we will give you're a checklist to make sure we get everything we need to guide you through. Everyone should consider gathering the following in order to assist their attorney in representing them, the following things.

1. Confidential alcohol evaluation: A confidential evaluation designed to determine if you have or are beginning to develop a problem with alcohol and or drugs is essential to good advice. This evaluation is not to be disclosed to anyone other than your Attorney at Law.
   

   If you have a pilots license an Interstate trucker's license or are in a profession that is regulated by the government any written evaluation can be a devastating career problem. If you are licensed by or regulated or require clearance from the FAA, ICC, DOD, DOH or you are a Firefighter, Police Officer or other professional you need good advice.
   
   But where can you go to obtain such an evaluation and know that your privacy is protected. NO less than five separate Federal and State Laws protect you from any disclosure of your alcohol evaluation. Any treatment agency that asks you to sign a medical/alcohol release to anyone other than your attorney may not be working in your best interest. WE WORK WITH ALCOHOL EVALUATORS WHO DO NOT FEEL THEY TO FIND A PROBLEM. We work with several local alcohol counseling agencies that either do not provide treatment or who know that referrals form Stein Lotzkar and Starr are to remain strictly for the attorney's eyes only. Make sure you are safe work with an experienced attorney to find an evaluator who will give you a straight evaluation while not putting you at risk.

   If appropriate, begin an Alcohol Information School and attend the DUI Victim's Panel.

2. Driving Record: A ten-year printout of your driving record, including departmental actions. You can go to any driver's license examination office (where you renew your license) and obtain this for a small charge.
   
3. Written narrative: A written statement of everything that happened on the day in question. I do not need to know every single detail, but it is important to know what you did that day, when you ate and who you were with. It is very important to know everything about your alcohol and/or drug use. Please be very specific about what you drank, when, where and how much. It is also important to know about any interaction or conversation you had with the police officer(s).
   
4. Witness list: The full, legal names, street addresses and telephone numbers of all potential witnesses in your case, along with a short written summary of what the individual may be able to testify. Anyone whom you were with prior to your arrest, during the period or after your release.
   
5. Medical records: Any medical records that may be important to your case. If you have diabetes, asthma, acid reflux, corrective lenses, or any other condition or injury which may have affected you on the date in question, obtain the doctor's or hospital's charts and notes on your case. Please provide us with a description of your illness or injury, the name, address and telephone number of your treating physician, and the doctor's charts. You will be requested to sign a medical release in order to allow us to have and use this information.
   
6. Photographs of the Vehicle and Scene:
   A. Please take photographs of the road that you traveled before you were stopped by the police officer. Have someone drive your vehicle while you take photographs of the roadway. Take photographs approximately every 200 feet so there is a landmark in each set of photographs. Be sure to include road surface details, street and traffic signs, and other details of significance.

   B. Please photograph the inside and outside of your vehicle.

   C. If you can safely take photographs of the scene of the location where you were stopped and where the physical field sobriety tests (if any) were performed, please do so. Photographs that show accurate close-up, medium and long distance views of the scene where the tests were done are very helpful. If you cannot safely do this please let me know and we can discuss hiring an investigator.

   NOTE: A camera with a clean 50mm lens is preferable. Make sure not to shoot into the sun. Do not do anything to change or distort the scene, but do take lots of photographs. Please provide us with the photographs and keep the negatives in a safe place.

7. * Driver's License Appeal: You must file an appeal of the issuance of your temporary license and probationary license within THIRTY days of your arrest. Please sign it and mail to the Department of Licensing with the $200.00 fee by registered mail with return receipt requested.

   If you receive a notice from the Department of Licensing regarding your license or privilege to drive, read the notice carefully. You must send in your notice of appeal promptly and submit any fee required with the signed hearing request. Again, you should send the notice by registered mail with return receipt requested.

   *PLEASE NOTE THAT A DEPARTMENT OF LICENSING APPEAL IS A CIVIL LAWSUIT SEPARATE FROM YOUR CRIMINAL CHARGE OF DRIVING UNDER THE INFLUENCE.

8. Letters of Recommendation: It may be helpful to have letters of recommendation from your employer, family, friends and associates. If you do any community service, volunteer work, or have religious or social commitments, the Court may find this information helpful for the purposes of arraignment, and it may be helpful to the prosecution's evaluation of your case.

Please contact us immediately if you have any questions or problems.

It is possible to obtain investigative services to assist you; however you may be required to pay for those services. If you need assistance, please let us know right away.

Thank you.

520 112th Ave. N.E., Suite 101
Bellevue, WA 98004
email

425 643-9424
206 623-1336
fax 425 454-8661