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Sullivan Law Group Attorney Jason Lantz testifies in Olympia on Safely Off the Roadway Defense

Jason Lantz, Attorney with the Sullivan Law Group, PLLC, recently testified in the Washington House of Representatives Public Safety Committee on a DUI and impaired driving bill. The proposed bill would have eliminated the safely off the roadway defense in physical control cases which have the same consequences as DUI cases.

Physical control is basically a DUI where the driver is found by the officer behind the wheel but the vehicle is parked or on the shoulder and not moving. For years, people accused of physical control have been able to explain to a jury, that although they were in physical control of a vehicle while under the influence, they were safely off the roadway. If the jury believed that the person was safely off the roadway, the jury would have to say not guilty.

The purpose of the safely off the roadway defense is to encourage DUI drivers to get off the road and park their vehicle. Although drivers in physical control, but safely off the roadway, can be arrested and charged, the safely off the roadway defense allows drivers to show a jury that they did the right thing. If the jury agrees, then they would say not guilty.

By eliminating the safely off the roadway defense, drivers would have lost the opportunity to show a jury that they did a right thing. Jason testified that this would eliminate the incentive for DUI drivers to do the right thing and get off the road. Legislators agreed and removed this language from the bill which saved the safely off the roadway defense.

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Sullivan Law Group Attorneys Grill Breath Test Machine Designers

Brian Sullivan, managing partner, and Jason Lantz, attorney, Sullivan Law Group, PLLC, recently had the rare opportunity to cross-examine one of the designers of the Draeger Alcotest 9510, Washington’s new breath test machine.  Attorneys Brian Sullivan, Melissa Sullivan, and Jason Lantz have been leading a group of attorneys representing dozens of consolidated defendants charged with DUI in Snohomish County to challenge the Draeger in DUI cases.  Many counties in Washington, such as Snohomish, Skagit, Whatcom, and Island counties, have implemented the Draeger for DUI cases.

The attorneys at Sullivan Law Group have spent hundreds of hours researching the Draeger’s design and source code and came prepared to grill one of the primary designers of the instrument.  Very few attorneys can say that they had the opportunity to grill the designer of a breath test machine used in a DUI case on the stand.

And the results were outstanding.  Draeger and WSP both know how important breath temperature is to a valid test.  It is one of only three critical variables in breath testing.  Yet, WSP chose to not implement the temperature functionality of the Draeger machine.  The testimony has paved the foundation for future motions to suppress and closing arguments to a jury.

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Sullivan Law Group Attorney Jason Lantz Testifies on DUI Bill in Olympia

Attorney Jason Lantz with the Sullivan Law Group, PLLC, represents the Washington Association of Criminal Defense Lawyers on impaired driving issues in the Washington legislature. Every year, Jason attends a meeting convened by a Washington legislator to discuss impaired driving laws. Jason monitors all bills involving DUI cases and advocates for law changes that will protect Washington citizens’ constitutional rights and ensure a fair process. Through his work with the Washington legislature, Sullivan Law Group is ahead of the curve as far as the current state of the Washington law in DUI and impaired driving cases.

Most lawyers learn about law changes after they happen or become effective. Thanks to Jason’s work, Sullivan Law Group attorneys not only help change Washington law to protect Washington citizens’ rights, but also know when law changes are coming well before they happen. This benefits Sullivan Law Group clients because DUI and impaired driving laws change on a regular basis. By being on the cutting edge of the law, Sullivan Law Group attorneys are positioned to take advantage of helpful changes in DUI law and by planning for negative changes in law.

For example, Jason testified in support of an upcoming law change that would allow a person convicted with a second DUI within seven years to serve home detention instead of a significant amount of jail. This will allow people to keep their jobs which is to the benefit of people charged with DUI. It is also to the benefit of the community so that people convicted of DUI can continue to support themselves and their families. Of course, Sullivan Law Group attorneys always look for a way to dismiss cases or get the best possible deal; however, Jason recognized an opportunity to support a law change that would benefit certain clients. By knowing of this pending law change, Sullivan Law Group attorneys are able to plan cases to take advantage of helpful law changes.

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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

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