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Washington State’s DUI Court and Its Benefits

DUI Court in Washington

DUI Court in Washington

The pursuit of justice in criminal law extends beyond punishment; it encompasses the rehabilitation and transformation of offenders. Recognizing the complex nature of Driving Under the Influence (DUI) cases, the state of Washington has pioneered an innovative approach known as DUI Court. Retaining an attorney who has expertise managing DUI cases can be valuable to the assessment of different options such as DUI Court, and to safeguarding your rights throughout the legal system. The Law Office of Erin Bradley McAleer has represented hundreds of DUI cases, giving us the knowledge and experience to provide quality service and defense.

Understanding DUI Court in Washington

DUI Court is an alternative sentencing program designed to address the underlying issues that contribute to DUI offenses. Rather than relying solely on punitive measures, this specialized court provides a unique opportunity for individuals struggling with substance abuse to receive comprehensive treatment and support.

Foundations and Objectives

The Alternative DUI Therapy Court in Washington was established on the principle that rehabilitation and treatment are key components in reducing recidivism rates among DUI offenders. Its primary objectives are twofold: to ensure public safety by addressing the root causes of DUI offenses, and to facilitate the offender’s journey toward recovery and reintegration into society.

The therapy court operates on a collaborative approach involving a diverse group of roles. This team comprises judges, prosecutors, defense attorneys, probation officers, substance abuse counselors, and mental health professionals. Together, they work towards an individualized treatment plan for each participant, considering their specific needs and circumstances.

Program Components

The Alternative DUI Therapy Court program involves a structured and intensive approach to treatment. Participants are required to adhere to a set of guidelines and actively engage in a series of phases throughout the program. These phases typically include the following:

Screening and Assessment: Upon entering the program, participants undergo a thorough

screening and assessment process to identify their treatment needs. This evaluation helps create a tailored plan that addresses their substance abuse and related issues.

Treatment Plan Development: Collaboratively, the team develops an individualized treatment plan that may include substance abuse counseling, mental health services, educational programs, and other interventions aimed at addressing the participant’s underlying challenges.

Regular Court Appearances: Participants must attend regular court appearances before the Alternative DUI Therapy Court judge, who monitors their progress, provides guidance, and holds them accountable for their actions.

Mandatory Drug Testing: Random drug and alcohol testing is a crucial component of the program. This measure ensures compliance and helps identify any potential relapses or instances of substance abuse.

Compliance Monitoring: The therapy court team closely monitors participants’ compliance with treatment requirements, which may involve regular check-ins, probation officer meetings, and participation in support groups or self-help programs.

Benefits of the Alternative DUI Therapy Court in Washington

The primary aim of the Alternative DUI Therapy Court is to break the cycle of repeated DUI offenses. By addressing the root causes of substance abuse and providing comprehensive treatment, the program significantly reduces the likelihood of participants reoffending.

Through counseling and therapy, participants gain insights into their substance abuse issues, leading to personal growth and transformation. This process empowers individuals to make positive changes and develop healthy coping mechanisms, improving their overall well-being.

Additionally, by prioritizing treatment and rehabilitation, DUI Court enhances public safety. Participants are provided with the necessary tools to overcome addiction, reducing the risk of impaired driving and potential harm to themselves and others on the road.

How We Can Help

Washington’s Alternative DUI Therapy Court stands as a beacon of hope, offering a holistic approach to DUI offenses. By recognizing the importance of addressing the underlying issues related to substance abuse, this program promotes rehabilitation and personal transformation while ensuring the safety of the community. Through collaboration, tailored treatment plans, and ongoing support, DUI Court paves the way for individuals to break free from the cycle of addiction. The attorneys at the Law Office of Erin Bradley McAleer strongly believe in rehabilitation and recovery, putting their focus on helping the client by offering them solutions that benefit them long-term. We will defend you to the fullest extent of the law, and ensure that your freedom and future are protected with the best possible outcome.

Do not hesitate if you are facing DUI charges, call the Law Office of Erin Bradley McAleer today at (360) 334-6277 to schedule a free consultation with one of our lawyers.

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Vehicular Assault in the State of Washington: Understanding the Charge, Penalties, and Legal Implications.

Vehicular Assault in Washington

Vehicular Assault in Washington not only carries serious penalties in the State of Washington, but it is also a highly prevalent occurrence. Hiring a qualified and experienced attorney will benefit you and the outcome of your case since the defenses can be highly technical, requiring a certain amount of intuition and knowledge. The Law Office of Erin Bradley McAleer handles dozens of vehicular assault cases a year, and has a number of talented attorneys ready to defend you to the utmost of their ability in a court of law. 

What is vehicular assault in Washington? 

Washington State laws have various elements that may occur in a vehicular assault case. Washington has three different flavors or prongs of vehicular assault that you could be charged with under RCW 46.61.522 Those are vehicular assault – DUI (driving under the influence of drugs or alcohol), vehicular assault – reckless driving, and vehicular assault- disregard for the safety of others.  

Vehicular Assault- DUI

A person is guilty of vehicular assault – DUI (driving under the influence of drugs or alcohol) when a person operates of drives a vehicle while under the influence of intoxicating liquor and or any drug, and causes substantial bodily harm to another. 

Vehicular Assault- Reckless Driving

 A person is guilty of vehicular assault – reckless driving when a person operates of drives a vehicle in a willful or wanton disregard for the safety of others. This is more than mere negligence or a mistake, reckless can involve high speeds, running lights or stop signs, aggressive driving, or even committing multiple simple infractions prior to the accident.  

Vehicular Assault- Reckless Disregard for the Safety of Others

 A person is guilty of vehicular assault – Disregard for the Safety of others is when a person operates of drives a vehicle in a manner that is an aggravated kind of negligence or carelessness, falling short of recklessness but constituting a more serious dereliction than ordinary negligence. Ordinary negligence is the failure to exercise ordinary care. Ordinary negligence is the doing of some act which a reasonably careful person would not do under the same or similar circumstances or the failure to do something which a reasonably careful person would have done under the same or similar circumstances. An example of this might be distracted driving 

What is Substantial Bodily Harm?

Substantial bodily harm means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part. For example: this could be as little as hitting another car which its airbags deploy giving the other driver black eyes from the deployment of the airbag.

Vehicular Assault is a Strict Liability Crime.

Vehicular assaults like vehicular homicides, are strict liability crimes. State v. Frahm, 193 Wn.2d 590, 444 P.3d 595 (2019). The only causal connection the State is required to prove is the connection between the defendant’s act of driving and the accident or collision. State v. Rivas, 126 Wn.2d 443, 451-52, 896 P.2d 57 (1995).

There may be more than one proximate cause of an injury; however, a concurring or contributory cause does not shield a defendant from a vehicular assault conviction. To constitute a defense, there must be an intervening and superseding cause without which the defendant’s negligence would not have caused the accident. The defendant’s actions need not be the sole proximate cause of a victim’s injury.

Ultimately this means that that you only need to be part of the cause of the accident as a result of the crime of vehicular assault to be found guilty. Other causes may exist or contribute to the accident, however, if you were drunk, driving recklessly, or carelessly and were “a” cause of the accident you will be found guilty of vehicular assault. For example: if you were driving recklessly at a high rate of speed or under the influence of drugs or alcohol and another car runs a stop light and you hit the rear end of the vehicle while you had the green light which then in return hits a motorcycle and injures the rider you would a cause of the accident but not the only cause of the accident; however, you would still be guilty of the crime of vehicular assault.

Given this is a strict liability crime the only defense is there must be an intervening and superseding cause. An example of this would be in the same scenario as above the car that ran the red light did so because the light wasn’t operating correctly and both directions had a green light which caused the accident. This usually comes down to foreseeability and whether a reasonable person would have foreseen the intervening cause coming or not. In this example, a reasonable person would not expect a malfunctioning light to show green in both directions so each driver would expect it is clear to drive through it.

Penalties for vehicular assault in Washington

The State of Washington considers vehicular assault to be a class B felony, with penalties ranging up to 10 years in prison and fines of $20,000. Suspension or restrictions on your driver’s license may also be placed if the state deems it necessary. Additionally, the penalties can be even steeper if the victim suffers permanent or life-threatening injuries after the accident. If drugs or alcohol were involved, you may also be assigned mandatory treatment in addition to other penalties.

Defending against a vehicular assault charge in Washington

The complications that can arise in vehicular assault cases are a major reason why having an attorney you can depend on and trust to defend you is important. A careful evaluation of your case can and often do lead to reductions in charges and dismissal of charges. Given these crimes strict liability application they can be quite technical in nature and require an experienced practitioner and often accident reconstruction experts to defend properly. Additionally, effectively challenging the underlying assertion that you may have been drunk or driving in a reckless or careless manner often determine the outcome of the case. The Law Office of Erin Bradley McAleer has a wealth of experience in representing people in vehicular assault cases and are committed to their clients, defending them to the fullest extent of the law.

Committed to help you

Understanding the complexities of vehicular assault is crucial in establishing a defense as a conviction carries significant consequences and can affect future permanently. That is why it is important to work with one of the experienced and knowledgeable lawyers at the Law Office of Erin Bradley McAleer. We are dedicated to your case, and will commit ourselves to working with you diligently and planning our strategy in order to give you the best defense possible.

Call us today for a free consultation at the Law Office of Erin Bradley McAleer. Located on Fourth Plain in Vancouver, Washington.

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I Was Charged With a DUI, What Are My Options?

Expert DUI Lawyers in Washington | Defending Your Rights & Driving Privileges


DUI Lawyers in Washington

Getting stopped by a police officer and receiving a Driving Under the Influence (DUI) charge in Washington has the potential to seriously affect your daily life. Consequences can include a fine, jail time, the suspension of your driver’s license, treatment, and ignition interlock in your car. DUI charges can also be quite stressful and overwhelming. Understanding what consequences of a DUI charge is critical, and our skillful DUI Lawyers in Washington will help you navigate the legal process and assist you in understanding your options in this difficult time. The defenses for DUIs tend to be technical in nature, which require detailed knowledge and experience. This is why it’s important to hire an attorney with that knowledge and experience, which our DUI attorneys have.

What do DUI cases look like?

DUI cases can be quite complex and often have a lot of moving parts. such as additional charges or collateral consequences. A personal criminal background, prior DUI history, or out of state convictions can play a major role in the outcome of the case. Common charges that often coincide with DUI charges could include Hit & Run, Reckless Driving, Reckless endangerment, and eluding the police. A DUI conviction may have negative consequences on your future. The Law Office of Erin Bradley McAleer understands these various issues and do our very best to ensure the best possible outcome for your situation.

Supervised release violations

When released from jail on a DUI, the court will often place conditions on your release pending the outcome of your case. This may include sobriety or alcohol monitoring or check-ins with a supervised released officer. If you fail to abide by these conditions, the court can revoke your release and force you to go back into custody, making your case harder to resolve. This can often be the case on DUIs or other such cases that involve substance use disorders as the draw to use those substances can be strong. Unfortunately, often, the resolution of your case can also be better depending on your ability to do treatment and how amenable one is to it.

Probation violations and DUI Lawyers in Washington

If convicted of a DUI, you will have probation for several years afterwards. The court will place certain conditions and guidelines for you to follow over a certain period and if you fail to follow those conditions, such as treatment, meetings, good conduct, no new law violations, or other such conditions; it will result in additional punishment. If you have already been convicted of a prior DUI and are charged with a new DUI, the new probation violation will often trigger a mandatory 30-day sentence, depending on the conduct alleged. This is another example of how DUI cases can get very complicated very quickly so having our experienced attorneys at the Law Office of Erin Bradley McAleer will be incredibly beneficial to the outcome of your case.

What can we do for you?

The first step our attorneys will take is gathering the necessary information and evidence that is helpful to your case. These documents generally include the police reports, witness statements, breathalyzer results, blood tests, and probable cause statements. Our attorneys will carefully examine all the evidence and documents provided to set up the best possible defense for your circumstance.

We can also help you navigate through the complex minefield of collateral requirements and consequences, which includes the evaluation and treatment process, SR22 insurance, ignition interlock requirement, license suspension, CDL license impact, victim impact panel, and a potential reduction in fines and fees.

Your license may also be restricted when you receive a DUI by the Department of Licensing which has its own set of laws regarding DUIs. The Department of Licensing has its own set process regarding the reinstatement of your license, and our lawyers will not only help with your defense but also with getting your ability to drive back as well taking the necessary precautions and connecting you with the resources you need.

Our attorneys will take all necessary steps to continue to build the defense aiming for the best possible outcome. One of the ways we do this is by challenging the validity of the evidence brought against you in court. We may challenge the validity of the stop itself, challenging the validity of the breath test machine, and/or challenging the validity of the field sobriety test as well. Negotiating with the prosecuting attorney will also be a step we take in order to bring the charges down.

Don’t hesitate. Contact us now to see what we can do for you at the Law Office of Erin Bradley McAleer.

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What Happens When You Are Accused of Date Rape?

Date Rape Charges in Washington

What is date rape?

Date rape is generally defined as having sexual intercourse with the person whom you went on a date, without given consent. Some of the more common elements that lead to allegations of date rape are the use of drugs or alcohol, and choices that the accused makes that forces the accuser into a position where allegations seem to be the only solution. If you are facing Date Rape Charges in Washington, understanding the legal nuances and seeking experienced legal representation is crucial.

What should I do if I am being accused of Date Rape Charges in Washington?

When you are first accused of a date rape, you may be contacted by authorities as part of their investigation. It is highly recommended that you DO NOT TALK TO THE POLICE. Know your rights, and understand that you have the right to remain silent, and anything you say can and WILL be used against you. Talking to the police gives them the right to take what you say, and spin it around in whatever way it suits them. If you do decide to talk to the police, make sure that you have an attorney present at all times, so that they may advise you on what to say, and to speak on your behalf if given permission. Our lawyers at the Law Office of Erin Bradley McAleer will not only help you with the authorities, but will also provide you with a plan to move forward with your case.

How does intoxication play a role in this?

Intoxication can play a large role in the state of mind a person may be in, aiding in the facts of a particular incident at hand. When a person voluntarily consumes drugs or alcohol that alters their mental or physical condition, this is referred to as voluntary intoxication. In contrast, involuntary intoxication happens when a person unintentionally consumes a substance that makes them impaired. Both voluntary and involuntary intoxication can play a large role in the aftermath of date rape.

Voluntary Intoxication

Voluntary intoxication might cause poor judgment, weakened boundaries, and a higher likelihood of participating in unsafe or harmful conduct when out on a date. Everyone must be conscious of their personal limitations and choose wisely while consuming alcohol or other drugs. A person has not necessarily given their permission when they are voluntarily intoxicated. It’s essential to understand that permission must be provided intentionally and with clarity of mind, and that if someone is very intoxicated to the point of having poor judgment or being incapacitated, they might not be able to offer consent that is legally binding. In fact, some legal systems hold that any sexual action that takes place when a person is too inebriated to agree is non-consensual and is thus regarded as sexual assault. This is because someone who is impaired may not be able to adequately articulate their boundaries or understand what they are consenting to. In other words an intoxicated “yes” or consent can leave you at risk for many legal implications in the future.

Involuntary Intoxication

In contrast, involuntary intoxication can occur when someone is drugged without their knowledge or permission. This is possible due to the usage of “date rape” drugs, which are frequently slipped into beverages without the person’s awareness. If a person believes they have been drugged, they should seek medical assistance right once and report the occurrence to the police. Involuntary intoxication can also impair one’s capacity to consent. If someone is drugged without their knowledge or agreement, they may become unconscious and unable to grasp what is going on or adequately articulate their boundaries. In such instances, any sexual activity would be regarded non-consensual and hence a kind of sexual assault. Individuals should emphasize their safety and well-being on a date, and take precautions to avoid being drugged, such as keeping an eye on their drink and refusing beverages from strangers.

What constitutes consent?

A person’s consent is their approval of another person or group to carry out a certain action or activity. In general, consent must fulfill the following characteristics in order to be considered valid:

  1. Voluntary: Consent must be given freely, without coercion, pressure, or threats of any kind. The person giving consent must have the ability to freely make the decision to agree or disagree.
  2. Informed: Consent must be given with a clear understanding of the nature, purpose, and potential consequences of the action or activity.
  3. Specific: Consent must be given for a particular action or activity, and it cannot be assumed to apply to other activities.
  4. Active: Consent must be given through an affirmative action or statement, such as saying “yes”. 
  5. Reversible: Consent can be withdrawn at any time, and the person who has given consent must be informed of this right.

It’s vital to understand that different sorts of consent are necessary in different contexts, such as sexual consent, medical consent, and agreement for research study participation. The conditions for valid permission may differ slightly based on the situation in each case.

What are the consequences of being accused of Date Rape Charges in Washington?

When it comes to not obtaining consent before sexual contact with another individual who is intoxicated,it is rape in the second degree according to the Revised Code of Washington. This is because in the Revised Code of Washington, rape in the second degree is forcible non-consentual sexual intercourse with an adult that is physically helpless, mentally incapacitated, or vulnerable or frail adults. This conviction can carry incredibly heavy consequences that can affect you for the rest of your life. As a class A felony, it can come with punishments such as up to life in prison, lifetime probation, lifetime sex offender registration, and up to $50,000 in fines.

What does Law say about Date Rape Charges in Washington?

Washington State’s Revised Code of Washington (RCW) includes several sections related to sexual assault, including date rape. Here are some relevant RCW sections related to date rape:

RCW 9A.44.040: This section defines the crime of rape in the third degree, which includes sexual intercourse without consent where the victim is mentally incapacitated. This can include cases of date rape where the victim is drugged or otherwise unable to consent.

RCW 9A.44.050: This section defines the crime of rape in the second degree, which includes sexual intercourse without consent, where the victim is compelled to submit by force or threat of force. This can include cases of date rape where the victim is coerced or threatened with sexual activity.

RCW 9A.44.060: This section defines the crime of rape in the first degree, which includes sexual intercourse without consent where the victim is compelled to submit by force or threat of force, and one or more aggravating factors are present. Aggravating factors can include the use of a deadly weapon, infliction of severe bodily injury, or commission of the offense during a kidnapping.

RCW 9A.44.076: This section defines the crime of sexual assault in the third degree, which includes non-consensual sexual contact where the victim is mentally incapacitated. This can include cases of date rape where the victim is touched sexually without their consent.

RCW 9A.44.079: This section defines the crime of sexual assault in the second degree, which includes non-consensual sexual contact where the victim is compelled to submit by force or threat of force. This can include cases of date rape where the victim is coerced or threatened with sexual activity.

RCW 9A.44.080: This section defines the crime of sexual assault in the first degree, which includes non-consensual sexual contact where the victim is compelled to submit by force or threat of force and one or more aggravating factors are present. Aggravating factors can include using a deadly weapon, infliction of severe bodily injury, or commissioning of the offense during a kidnapping.

RCW 9A.44.040: This provision defines rape in the third degree, which involves sexual intercourse without permission when the victim is unable to agree due to physical or mental incapacity. This includes situations of date rape where the victim is under the influence of drugs or otherwise unable to agree.

RCW 9A.44.050: This section defines rape in the second degree as sexual intercourse without consent in which the victim is coerced to comply by force or fear of force. This includes situations of date rape in which the victim is pressured or threatened into engaging in sexual activity.