4th Degree Assault in Kirkland, Washington – Not Guilty!

Successful Criminal Defense Verdict

Law Office Brian Sullivan, PLLC Kirkland

Law Office Brian M. Sullivan, PLLC
Kirkland, WA 98034
(425) 284-5605

A Kirkland Municipal Court jury recently returned a verdict of not guilty for one of our client’s charged with Assault in the Fourth Degree.  Jason Lantz, Associate Attorney at the Law Offices of Brian M. Sullivan, PLLC, spent hours investigating the case by interviewing witnesses and working with the client.  Thanks to motions brought by our firm, key evidence for the City of Kirkland was suppressed before  trial.  The City of Kirkland alleged our client assaulted someone in a fit of “road rage.”

Key Phrase Suppressed
Thanks to creative motion writing, the City was prohibited from using the phrase “road rage” at trial.  Thanks to the zealous advocacy by the Law Offices of Brian Sullivan with extensive criminal defense experience, a respected professional in the Kirkland community will not have an assault conviction on her record.

Law Office of Brian M. Sullivan, PLLC LogoThe Law Office of Brian M. Sullivan has offices in EverettLynnwood, and Kirkland, Washington with practice areas focussing on DUI Defense, Criminal Defense and Personal Injury Law. Each case is unique, so contact us today for a free consultation. You can connect with Brian M. Sullivan on Google +.

Tagged , , ,

Pharmacy Error | Were you given an incorrect prescription?

Recently, there have been news of incorrect drug dosages being dispensed by local pharmacies.

Generally, these cases involve the patient receiving the wrong pills, but notably, the correct pill description is usually identified on the bottle.  In these cases, patients often quickly and accurately deduce they have received the wrong medication.

What makes the most recent cases unique, is the description of the pill on the bottle matches the wrong pill.  That is, careful examination by the patient will not indicate to them that they are getting the wrong meds.

Our firm has been contacted by at least one recent victim of a pharmacy’s negligence in this manner.  If you have been given the wrong drugs by your pharmacy, call us now, or visit our personal injury page to make sure your rights are protected.

Law Office of Brian M. Sullivan, PLLC LogoThe Law Office of Brian M. Sullivan has offices in EverettLynnwood, and Kirkland, Washington with practice areas focussing on DUI Defense, Criminal Defense and Personal Injury Law. Each case is unique, so contact us today for a free consultation.

Tagged , ,

Not Guilty Verdcit in DUI Case – DUI Defense Lawyer Brian Sullivan Ends Year With Accquital

DUI Lawyer Brian Sullivan

A King County jury acquitted V.G. in December 2012 after a jury trial for Drunk Driving (Driving Under the Influence of Intoxicating Liquor and/or Drugs, RCW 46.61.502). V.G. was represented by Attorney Brian M. Sullivan.

Mr. Sullivan’s client had been arrested almost a year earlier. He was initially stopped for “bad driving” – that is, he failed to signal while changing lanes to get onto an on-ramp and he briefly crossed and touched and the fog line. He admitted to drinking a glass of wine. He agreed to do field sobriety tests. The Trooper said he failed them. He refused the portable breath test in the field. He was arrested. At the station he blew one and a half times the legal limit.

DUI Attorney Brian M. Sullivan was retained and fought the case tooth and nail from start to finish. Mr. Sullivan, his associate Jason Lantz, and their team of DUI investigators and Breath Test Expert Witnesses did a thorough case review and investigation. Pretrial motions were filed and argued. As a result, the jury never heard about the Breath Test that was administered. The BAC result was suppressed based in the problems with its accuracy and reliability raised in the firm’s exclusion and suppression motions.

Mr. Sullivan also suppressed key evidence in the DUI allegation: the refusal to take a portable breath alcohol test before arrest. After reviewing our motions, the prosecutor conceded and didn’t offer the refusal as evidence.

We had gutted the State’s case against my client. Plea bargains were offered. “This is a good deal, Neg 1 or trial” the government prosecutor told us. But V.G. and I both felt strongly about the case. We went to trial.

In trial, Mr. Sullivan was able to demonstrate to the jury that the tests were not administered fairly, that they were improperly scored, and that while an officer with years of experience couldn’t smell alcohol, the young Trooper, who arrived later, supposedly could. Mr. Sullivan used the State’s first responding officer – a highly trained DUI enforcement officer – against them. Mr. Sullivan was able to get him to point out to the jury some of the many issues regarding the fairness and accuracy of the testing. The State’s DUI case was cracked as Mr. Sullivan was able to, time and again, demonstrate numerous inaccuracies / discrepancies between the police dash cam video, the police reports, and the testimony.

The end result was that our client left the courtroom that day free from the charges leveled against him. Not Guilty.

Law Office of Brian M. Sullivan, PLLC LogoThe Law Office of Brian M. Sullivan has offices in Everett, Lynnwood, and Kirkland, Washington with practice areas focussing on DUI Defense, Criminal Defense and Personal Injury Law. Each case is unique, so contact us today for a free consultation.

Tagged , , , , , , ,

Lynnwood, WA – DUI & Personal Injury Lawyer – OFFICE GRAND OPENING – Law Office of Brian M. Sullivan & Associates

7411 196th St SW, Lynnwood, WA 98036 – The Law Office of Brian M. Sullivan and Associates, is expanding.

This month, our 3rd office location is opening, right near the Edmonds and Lynnwood city line.  Initially, hours will be by appointment only.  But with the high demand our office has in Lynnwood Municipal, South District Court, and Edmonds Municipal Court, we expect to be open standard business hours within a few months.  Our flagship Everett office and Kirkland office both remain open M-F 8:30-5:30.

Attorney Brian Sullivan practices primarily in the DUI Defense and Personal Injury areas throughout NW Washington State.

Tagged , , , , , , , , , , , , , , , ,

Failure to Signal 2 Billion Times a Day: or, Beating Your DUI Resulting from a Failure to Signal

Recently released information the Society of Automotive Engineers (SAE) that claims that close to 2 million accidents are caused by drivers neglecting to appropriately use turn signals annually. The report also suggests close to 50% of drivers neglect to use a turn signal when changing lanes or forget to turn them off in a timely manner. This translates into approximately 2 billion turn signal violations each day or 750 billion times each year, according to the SAE.

This raises a serious issue in my DUI Defense practice.  Because I regularly represent those accused of driving impaired, I have seen the ill effects of this statistic from the point of view of those charged with a crime.  Washington law requires that drivers not only signal before changing lanes, but to do so several hundred feet in advance.  All too often, those charged with DUI, or other criminal charges, are stopped for this very reason.  This report gives more credence to a successful pretext defense in a traffic stop.  Under Washington case law, an officer may not stop a driver for an infraction wholly unrelated to the purpose of the contact (e.g., an officer in Washington State stopping a vehicle for a small lane violation because he thinks the suspect vehicle may contains drugs and without another way to make lawful contact, may well do so illegally).

Pretext stops happen with some frequency.  I have successfully argued for cases to be dismissed based on these types of unlawful stops.  If you have questions about this or your DUI or other criminal case, feel free to give us a call for a free consultation.

=====

Read more here: http://www.sacbee.com/2012/05/01/4457626/car-insurance-rates-responds-to.html#storylink=cpy

New DUI law the gives WA one of the most “comprehensive ignition interlock programs in the country”

House Bill 2443 may go into effect soon.  It is being hailed as one of the most comprehensive ignition interlock programs in the country.  The bill further moves the issue to the hands of the Department of Licensing, and away from municipal and county courthouses.   The question will be whether DOL can administrate the program as well, and more cost effectively.  The major concern is how to help those injured by the administration of the law.

Capt. Jason Berry, legislative liaison for the Washington State Patrol, stated “as we look to technology to assist us in changing offender behavior, maintaining quality assurance and ensuring these drivers remain sober, we need appropriate oversight in place.”   Oversight of DOL rulings, however, will likely be a major new issue with the increase in their volume dealing with suspended, revoked, ignition interlock, occupational restricted, and commercial driver’s licenses.

 

The costs are passed on to those who are charged with DUI and convicted of that offense, or a lesser offense.

The bill also urges ignition interlock devices come with a facial recognition system when possible.

 

The DUI law takes effect Aug. 1, 2012.

St. Patricks Day Weeknd – DUI Patrols are out there.

With the merriment of St. Patrick’s Day comes the unfortunate fact that many folks choose to drink and drive. Accidents, sometimes fatal occur. In response, the WSP and other police agencies usually step up their patrols.

Accidents and Injuries on the weekend of 3/17 each year has prompted the following actions:

http://www.maplevalleyreporter.com/news/141442093.html

Tagged , , , , , ,

New Round of Proposed DUI Laws – March 2012

Once again, local lawmakers are working to increase penalties and fines DUI (both Rx and non-Rx drugs and alcohol) and for vehicular homicide.

The current vehicular homicide law puts first-time offenders in a position of a jail sentence of about 2.5 to 3.5 years.House Bill 2216 would more than double the jail.

HB 2302, sponsored by Roger Goodman, D-Kirkland, would make additional CPS requirements for those with children found in a vehicle with a parent or guardian under the influence.The bill would increase the age limit from 13 to 16 years.

HB 2443, would requirement an ignition interlock in cases reduced from DUI to reckless driving.  The bill also amendsthe term “drug” to include any chemicals that may be inhaled or ingested for intoxicating or hallucinatory effects, such as benzine and nitric oxide.  The bill also removes the implied consent (that is, it allows a breath or blood test without the suspect’s consent) for those under suspicion of felony DUI.
HB 2405, allows courts to make those convicted of DUI pay additional costs to support families of vehicular homicide drunk driving victims.

See the full story at the Seattle Times: http://seattletimes.nwsource.com/html/politicsnorthwest/2017562622_lawmakersseektotoughenduirelatedlaws.html

 

Attorney Brian Sullivan now accepting all case types in Tulalip Tribal Court

A Practicing Member of the Tulalip Tribal Court, Attorney Brian Sullivan has obtained numerous outstanding results for clients.  Feel free to give him a call for a free consultation: (425) 322-1076.

DOL Timing in Washington State – Kirkland DUI Lawyer Brian Sullivan

When a police officer arrests you for Driving While Under the Influence (DUI), he or she is supposed to submit a report to the Department of Licensing (DOL) within 72 hours. This is true for Kirkland Municipal Court DUI charges and those for the surrounding areas in Washington State.

This initiates a process with the DOL to suspend or revoke your license for a period of time based on your record and your breath test or refusal. Unlike in the court where you are innocent until proven guilty, under Washington Implied Consent Law, you are essentially guilty until proven innocent with the DOL.

When a citizen is released by the police after a DUI investigation, he or she should be given a hearing request form. This form must be postmarked to the DOL within 20 calendar days after your arrest or your suspension or revocation will be automatic.

At the Law Office of Brian Sullivan, our DOL hearing rate is above the state average because we fight hard to cancel suspensions and revocations.

Tagged , , ,