Brett's Washington State Patrol DUI Case Result (State of Washington v. Brett)
Outcome: Washington State Patrol DUI reduced to Reckless Driving
Description: According to the police report Brett was clocked driving at 58 mph in a 30 mph zone. The WSP trooper attempted to catch up with Brett who did not slow down or stop as the traffic light changed from green to yellow to red. Brett appeared to be at the crosswalk prior to the intersection as the light turned red, and he continued to drive through the intersection. Brett made unsafe left turn onto NW 46th street and failed to yield the right of way to an oncoming motorist
During contact with the trooper Brett was cooperative, had poor coordination, clothes orderly, flat soled shoes, watery and bloodshot eyes, normal face, obvious odor of intoxicants, fair/slurred speech, and obvious impairment. Trooper contacted Brett on driver side and advised Brett he was being recorded. Trooper asked for license and registration, and insurance. Brett explained his car was a rental. While talking, Trooper could smell odor of intoxicants coming from the passenger compartment of the vehicle and observed he had watery bloodshot eyes and his speech was fair. The trooper asked Brett to exit vehicle and how much he had to drink, Brett said he had a couple drinks. The trooper asked how many was a couple, and he stated, “a beer and one cocktail” and explained his last drink was about 45 minutes earlier. The trooper asked if he had eye problems, and he said he had contacts. The trooper asked Brett if he would perform voluntary tests, and he stated, “absolutely” in slurred speech. Brett stated he had a bad knee from a few years ago.
Brett performed poorly on the field tests which were done on a paved, level, surface illuminated by street light and flashlight. Brett showed all six clues on the Horizontal Gaze Nystagmus test. On the Walk and Turn he displayed four of eight clues. On the One Leg Stand test Brett evidenced three of four clues. Brett did the ABCs and performed correctly. Brett had an odor of intoxicants throughout, swayed from front to back during test, had watery bloodshot eyes. Specifically on the Walk and Turn Brett spun and Brett did not take series of small steps as instructed, Brett's steps were slow and deliberate, Brett did not look at feet as instructed, Brett had small stumble on step 3. On the One Leg Stand Brett attempted to start test early, Brett did not look at foot as instructed, Brett would restart count when he put his foot down.
Brett was arrested and taken to the UW Station for a breath test measurement. The machine registered samples of .092 and .097.
Brett was booked into the King County Jail and the King County Prosecutor filed DUI charges against him. We got the charge reduced so Brett could continue living his life.
---The names have been changed to protect the innocent. We choose a fictitious name to represent a real person.
Practice area(s): DUI / DWI