Lynnwood DUI Lawyer Makes Headlines by Challenging Inconsistent Washington DUI Laws & Enforcement

MILL CREEK, Wash. - June 28, 2013 - PRLog -- Attorney Jonathan Dichter – of Dichter Law Office, PLLC – whipped up a veritable legislative storm earlier this month by successfully challenging spotty Washington DUI Laws and law enforcement inconsistencies. In a DUI case (470A-13D) held at the South Division Snohomish County District Court on June 10, 2013, Attorney Dichter was able to effectively argue for the suppression of a client’s breath test under a violation of the new Washington State Implied Consent Laws.

The new law was established in the wake of Washington’s infamous Initiative 502 for marijuana reform. I-502 was approved by a 55% popular vote in November and received certification on December 6, 2012, thereby paving the path for legalizing the possession and use of small amounts of marijuana for adults, as well as its regulation and taxation. The measure was credited as being a turning point in the battle for marijuana legalization – as marijuana is still illegal under federal law – and resulted in an 81% voter turnout – the highest in the nation.

New laws, however, often bring new questions – and may potentially create new problems with other legal and social concerns. In Attorney Dichter’s particular case, his client was not fully advised by law enforcement officers about Washington’s Implied Consent law, according to the court documents. Under new statutes in the Revised Code of Washington (RCW § 46.20.308), law enforcement officers must inform drivers of their right to refuse a breath or blood test. As established by the statute, the officer must also warn the driver of the aspects of the Implied Consent Law and the various penalties that come with refusing a chemical test.

As part of these mandated warnings, defendants must also be advised of the THC limits for driving under the influence in Washington. THC is the primary psychoactive constituent in marijuana. According to RCW § 46.61.502, a person is guilty of DUI if, within two hours after driving, they have a THC concentration of 5.00. Dichter’s client was never informed of these limits.

Attorney Dichter’s argument that his client was not advised of the THC limits proved successful at having the client’s breath test suppressed, resulting in a significant – some may argue influential – accomplishment. Attorney Dichter was the first person to argue this point on a Snohomish County District case.

Attorney Dichter’s willingness to stand tall on his client’s behalf and challenge inconsistencies in the law and the ways in which law enforcement officers enforce those laws can mean big things for local Washington residents who have been recently charged with a DUI. The ruling in this instance surely changed the trajectory of his client’s case, and with time, there is the possibility that the ruling may result in suppressing any breath tests beginning December 6, 2012 as illegally given.
Obtaining a ruling with such sweeping and profound implications is an achievement few lawyers can lay claim to. With Attorney Dichter, however, it serves as another example in a long list of success – and is an achievement that speaks volumes about his professional abilities and passion for the art of law. Opening doors to rulings that can potentially impact Washington laws, defendants’ rights, and DUI enforcement is a sign of a true innovator and creative legal mind. Just as Attorney Dichter has long been doing with his role at Dichter Law Office, PLLC, he continues to push for improvements to the criminal justice system, the rights of suspects and criminally accused, and social justice. To learn more, visit http://www.dichterlawoffice.com/.