Bruce's Federal Way DUI Case Result (Department of Licensing v. Bruce)
Bruce, a house husband, was stopped by the Federal Way Police for failing to yield the right of way. The officer noticed Bruce acting strange and providing short answers. He smelled the odor of alcohol and saw watery and bloodshot eyes, and an open Rainier Beer can in the drivers console.
Bruce was asked to perform field sobriety tests for the Federal Way Officer, which he did. Not surprisingly, he failed them and was asked to provide a breath sample in the portable breath testing device that the officers have in the field. Bruce politely declined.
Bruce was arrested, cuffed, and stuffed in the back of the Federal Way Police car. He politely declined to provide a breath sample at the Federal Way Police Station.
We filed a motion to dismiss arguing that the officer lacked probable cause to make an arrest. The Department of Licensing Hearing Examiner agreed and dismissed the action against his license, which would have resulted in a two year revocation.
Important to the motion was the fact that the officers ran Bruce's criminal history prior to performing the field agility tests. They saw his prior and recent conviction for DUI in Washington State. We subpoenaed the officer to testify at the hearing and established that fact. There was no way for the officer to separate that fact from his interpretation of the field agility tests. Given that the driving was not that bad, we won! Bruce able to drive to this day even with the outcome in criminal court. But thats another story.
--THE NAMES HAVE BEEN CHANGED TO PROTECT THE INNOCENT AND THE ACCUSED. WE HAVE CHOSEN FICTITIOUS NAMES AND PHOTOS TO REPRESENT REAL PEOPLE.
Practice area(s): DUI / DWI