James Feldman Law Articles
Kitsap County District Court Draeger Breath Test Suppression Ruling
Dräger Suppression Order Upends DUI What does the Kitsap County District Court breath test suppression ruling mean for you if you have a pending Driving Under the Influence (DUI) in Washington State? Draeger Breath Test Suppression Order Summary This decision, which...
Washington State Speeding Ticket Deferral
What is the benefit to you of a speeding ticket deferral in Washington State? A deferral is an opportunity to keep a speeding ticket off of your driving record and have it dismissed after a probationary period. While you do not need a traffic attorney to request a ticket deferral, an attorney can…
DUI’s & Alcohol Assessments
If you are arrested for DUI, at some point in the process of going to court hearings and dealing with the Washington State Department of Licensing (DOL), you are almost certain to need to get an “alcohol assessment” (also called a “dui assessment”, “alcohol/drug assessment” or “alcohol and drug evaluation”).
Domestic Violence Batterer’s Treatment: MRT and the New DSHS Regulations
For anyone charged with domestic violence, it is very important to be aware of something as an initial matter: Domestic Violence Batterer’s Treatment is not Anger Management or Anger Control. How different probably depends on who you ask. But all professionals in the field would probably agree that there are…
Distracted Driving Law Washington State
Last summer, the Governor signed into law the Driving Under the Influence of Electronics Act. This distracted driving law replaces what was colloquially called the Cellphone law. The Washington State Patrol allowed a 6 month grace period. But that grace period ended in January and tickets are being issued…
Mandatory Insurance and the Bond in Lieu of SR-22
RCW 46.29.450 provides alternative methods of giving proof of financial responsibility. Other than the customary certificate of insurance under RCW 46.29.460, some drivers have applied for a security in lieu of SR-22 form insurance in order to avoid loss of employment where their employer has determined…
Obstacles to Restoring Your Gun Rights
I receive frequent calls from people wanting to restore their firearm rights who are surprised to learn that a necessary step includes a separate motion to vacate the underlying conviction that caused the firearm rights loss. Under Washington law it may be possible to restore your state gun rights…
Preparing Motions for Reduced Sentences and Early Release of Federal Drug Trafficking Offenders Where the New Guideline Range is Lower than the Actual Sentence
In July 2014 the United States Sentencing Commission decided to retroactively apply a reduction to the sentencing guideline levels for most federal drug trafficking offenders. The motivation for this was to reduce prison costs and populations which currently exceed capacity by more than 30%. The Commission amended…
Washington State Criminal Courts Requiring Higher Bail
There is a trend in WA State Criminal Courts toward requiring higher bail. Rules require the court presume personal recognizance release of the accused.
Changing Trends in Sentencing – The Family Offender Sentencing Act
In the US, we have recently engaged in a national conversation about why we incarcerate more people than any other country in the world. Learn about FOSA.