Law enforcement will charge you with Baby DUI if they believe you are:
Adult DUI charges are different in a couple ways. First, they have higher legal limits. Also, adult DUI has an “affected by” prong. This means if your ability to drive is affected by alcohol or drug consumption, then you can be convicted of an adult DUI even if you’re below the legal limit or if there is no test. Baby DUI doesn’t have this “affected by” prong.
The consequences of a court conviction for Baby DUI are different than an adult DUI, too. A conviction for Baby DUI carries possible jail time and fines. Adult DUI sentencing statutes require judges to order jail time and fines. Most judges will order an alcohol/drug evaluation and follow up treatment for both types of charges. Baby DUI convictions do not have mandatory loss of license or Ignition Interlock Device (IID). Keep in mind, someone accused of Baby DUI can still lose their license through the separate DOL case. For adult DUI convictions there are mandatory license suspensions, IID, evaluations and treatment.
Baby DUI and adult DUI are both serious criminal charges that can impact your life long after the case resolves. A conviction can impede your travel and may keep you from getting your dream job. An experienced DUI attorney can investigate your charge and guide you through these complicated laws. Cooney Law Offices. We can help!
The post What is a Baby DUI? first appeared on Cooney Law.]]>A Financial/General Power of Attorney designates someone you trust to act on your behalf on a range of different issues while you are living, but either not capable of managing your own affairs or if you just want someone else to be able to manage or help with your affairs. This individual can act on your behalf in a full legal and/or financial capacity; however, a Power of Attorney does NOT take away your rights or capability to act for yourself. All adults, even married individuals, should have a Power of Attorney. If you wait until you need a Power of Attorney, it’s usually too late.
A Health Care Power of Attorney allows the person you designate to access your medical records and medical information and make medical decisions for you. This person can do everything from picking up prescriptions for you, to making possible end-of-life medical decisions. A Health Care POA is different than a Living Will or Health Care Directive.
If you don’t yet have a Financial/General Power of Attorney and Health Care Power of Attorney, then call the knowledgeable attorneys at Cooney Law Offices. Maybe you have POA’s that are a few years old and whoever you designated is no longer trustworthy or has passed away. We can discuss your options and update your POA your documents so they’re in line with your current wishes. Cooney Law Offices. We can help!
The post Power of Attorney: Do I Need One? first appeared on Cooney Law.]]>The legal limit simply means you’re presumed to be impaired if you’re over the limit. However, there is no “reverse presumption” that you’re safe to drive when you’re under the legal limit. Even a breath test or blood test below the legal limit, law enforcement can still arrest you. From there, you could be charged with DUI, Negligent Driving First Degree or even a felony, like Vehicular Assault or Vehicular Homicide.
It’s not always easy to know when you’re over the legal limit. The old “one beer per hour rule” gives folks some guidance. This rule presumes you’re consuming one 12 ounce standard beer (approximately 4% alcohol) per hour. A pint of your favorite IPA (typically 6% alcohol or higher) requires even more time for your body to process. The safest plan is for someone who hasn’t consumed any alcohol to drive you home.
There are different limits for Driving Under the Influence Under 21 Years of Age or Baby DUI. If you’re under 21, then the legal limit for alcohol is .02. This is approximately how much the average person’s blood alcohol content (BAC) will rise after one standard beer.
If you or someone you care about are facing a DUI or any other criminal charge, let the experienced attorneys at Cooney Law Offices explain your options and guide you to the best possible resolution. Cooney Law Offices. We can help!
The post DUI’s and Legal Limits for Alcohol first appeared on Cooney Law.]]>Drivers should always be on the lookout for pedestrians and cyclists and keep an eye on them if they’re nearby. Distracted driving – checking a text message, eating or even changing a radio station – can take your attention away from the roadway just long enough for a child to step off the curb or a cyclist to swerve into your lane of travel. Drivers should consider turning their cell phones completely off or using Do Not Disturb While Driving functions to help them stay focused on the roadway.
Pedestrians and bicyclists can also contribute to their own safety. Bright clothing, flashlights or other forms of illumination can help drivers see pedestrians and bicyclists in low light situations. Pedestrians should use sidewalks, when available, or walk on the left edge of the roadway so they can face oncoming motor vehicles and hop out of the way, if a driver fails to yield.
Some pedestrians behave like a crosswalk is a magic forcefield that protects them from being struck by vehicles. Trying to cross multi-lane streets can be especially dangerous when only one lane of traffic stops. While drivers should yield in these situations, pedestrians still have a responsibility to try to cross the street only after all traffic has stopped or cleared.
Each of us can help reduce the frequency and the severity of pedestrian and bicycle accidents. If you or a loved one have been seriously injured by a motor vehicle in a pedestrian accident or bicycle accident, then contact Cooney Law Offices. We can help!
The post Spike in Pedestrian vs. Vehicle Collisions first appeared on Cooney Law.]]>Under Washington law the most common prior offenses are DUI arrests within seven years that result in a DUI conviction, a reduction and plea of guilty to Reckless Driving, Reckless Endangerment or Negligent Driving 1st Degree. A Deferred Prosecution on a DUI charge, even one that is successfully completed, will count as a prior offense, too.
Convictions from another state can also count as prior offenses. If an out of state DUI arrest resulted in a conviction or deferral based on alcohol addiction, drug addiction or mental health problems, then it will count as a prior offense. When an out of state DUI arrest is pled down to a lower charge, then you must compare the language of the statute for the reduced charge to Washington State’s Reckless Driving, Reckless Endangerment and Negligent Driving 1st Degree statutes. If that out of state statute contains similar language to the Washington State’s, then you likely have a prior offense sentence enhancer.
DUI arrests can resolve in ways that don’t count as prior offenses, like when the charge is dismissed for lack of evidence the accused was driving. Some folks are arrested for DUI and blow below the legal limit leading to dismissal or a reduction to non-criminal traffic violations. These situations are rare, so if there was a prior DUI arrest within seven years, then there’s a good chance it will count as a prior offense.
If you’re facing a DUI, then contact the attorneys at Cooney Law Offices today. We can analyze whether it’s a first offense DUI or higher and explain your options for fighting the case. Cooney Law Offices. We can help!
The post Determining DUI Offense Level: Step Two first appeared on Cooney Law.]]>To determine a DUI offense level, you must first compare the current date of arrest with any other DUI’s. Washington law uses the phrase “prior offense” and, generally, a DUI arrest within seven years before the current event will count as a prior offense sentence enhancer. DUI arrests older than seven years usually won’t count as a sentence enhancer.
Strange as it may sound, there are occasions where a DUI arrest that occurs AFTER, or second in time, can actually count as “prior offense.” This occurs when the later DUI event is both within seven years after the current one and results in a conviction BEFORE the earlier DUI case resolves. These situations are rare, but might happen when someone is accused of multiple DUI’s in within a short time or they don’t timely resolve their first DUI before getting and quickly resolving a second.
Arrest dates and conviction dates are only the first step to determining DUI offense levels. You must also analyze how a DUI arrest ultimately resolved in court to know whether it will count as a prior offense. The attorneys at Cooney Law Offices can let you know whether you’re facing a first offense DUI or higher and explain your options for fighting the case. Cooney Law Offices. We can help!
The post Determining DUI Offense Level: Step One first appeared on Cooney Law.]]>Get Driver AND Vehicle Information – Law enforcement may not be able to come to the scene to do a full collision report. This is why it’s important to get identifying information for BOTH the other driver AND the vehicle since the driver isn’t always the registered owner. The quickest way to get these is to take pictures of the other driver’s license and the vehicle registration.
Pictures of the Scene – Take pictures of all vehicles from multiple angles. You never know which angle will be best to show the direction of travel, point of impact, or other important information.
Witnesses and Videos – Gather the names and phone numbers of anyone who saw the collision occur and ask if they have a dash camera in their vehicle. Nearby businesses or homeowners might have security cameras pointed toward the street and could help prove who was responsible for the crash.
Notes – Jot down notes about how the accident happened and include a description of the weather and road conditions. Also note the direction each vehicle was traveling in and on which streets. Did the other car have their headlights on or use their turn signal? Was it foggy or close to sunrise or sunset? Was the street wet or was there road construction in the area?
Call Our Office – The sooner you call the experienced injury attorneys at Cooney Law Offices, the sooner we can relieve your stress, explain the process, and get you the compensation you deserve. We can help!
The post Auto Accident Checklist first appeared on Cooney Law.]]>The Washington State statute that addresses the distribution of assets when someone dies intestate is Revised Code of Washington 11.04.015. Generally, it states that the decedent’s surviving spouse is entitled to the following proportions of their estate:
In the above situations, where deceased’s parents, siblings and/or direct descendants, are still alive, each person in those respective groups will split the allotted portion of the estate equally among themselves.
In the event the decedent does not have a surviving spouse, the Washington State intestate succession guidelines require the estate be administered in the following order: descendants, parents, siblings, grandparents and next of kin.
Your estate plan shouldn’t be left to the government’s guidelines. If your friend or loved one has passed away without a will and you need help with the probate process or if you’re ready to draft your first will or even re-write a prior will, feel free to connect with us today. Cooney Law Offices. We can help!
The post What Happens If You Die Without a Will? first appeared on Cooney Law.]]>Missing the DOL deadline all but guarantees you’ll have a minimum 90-day license suspension, at least three years of SR-22 insurance costs and possibly a requirement for the ignition interlock device. These consequences are independent from any penalties a judge might impose in the courtroom.
There are some limited circumstances, like some blood draw DUI’s, where the 7-day deadline does not apply. However, these cases are relatively rare so the best plan is to simply request a DOL hearing within a day or two of your arrest and preserve your ability to challenge the loss of license.
Even though they’re separate, the timing of DUI court hearings can cause confusion about the DOL case. Typically, there is a First Appearance court hearing the next business day after a DUI arrest, but sometimes this hearing is delayed. This delay leads some folks to put off reviewing the paperwork from law enforcement and missing the DOL deadline. Contacting a DUI attorney right away – even over the weekend – can help you build a plan to protect your rights both in court and DOL.
An experienced DUI attorney can explain whether this 7-day deadline applies to your case, but only if you take action immediately after the incident. The attorneys at Cooney Law Offices can guide you through both the court and DOL processes. Contact us today to see how we can help!
The post Don’t Miss a DUI Deadline first appeared on Cooney Law.]]>The main three FST’s include a test of your eyes, walking heel to toe in a straight line and balancing on one leg. They are designed to measure one’s ability to perfectly remember multiple complex instructions and execute unnatural and unbalanced body movements.
Law enforcement often refer to these tests as voluntary. In police camera footage showing Spokane DUI arrests we often hear officers say, “Would you like to do some voluntary field sobriety tests so I can make sure you’re ok to drive?” Unfortunately, the fact that these tests are voluntary often gets lost in the pressure of the moment. This wording implies the driver must prove they’re “ok to drive” by performing the tests in order to avoid arrest.
Additionally, there is some confusion in the general public about what happens if you refuse FST’s. Some folks mistakenly think you cannot be arrested for DUI if you refuse to perform FST’s. However, there are plenty of cases that have resulted in an arrest after refusing FST’s. Once law enforcement observes signs of alcohol or drug impairment, like slurred speech and poor dexterity, they have broad discretion to make a DUI arrest even without FST’s.
If you or someone you care about have been accused of an alcohol or drug DUI, regardless of whether FST’s were attempted then contact Cooney Law Offices today. We can help!
The post Do I have to do Roadside DUI Tests? first appeared on Cooney Law.]]>