First and foremost, you do not have to wait for an arrest to occur to invoke your right to remain silent under the 5th Amendment to the United States Constitution. Many people are under the impression their 5th Amendment Right against Self-Incrimination is not triggered until they have been given their Miranda Warnings: [Read more…]
Vancouver Criminal Defense Attorney / Revised Code of Washington 46.37.050 / DUI-DWI
July 3, 2013 By
RCW 46.37.050 states:
(1) After January 1, 1964, every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps mounted on the rear, which, when lighted as required in RCW 46.37.020, shall emit a red light plainly visible from a distance of one thousand feet to the rear, except that passenger cars manufactured or assembled prior to January 1, 1939, shall have at least one tail lamp. [Read more…]
DUI/DWI & RCW 46.61.140
July 1, 2013 By
RCW 46.61.140(1) – Driving on Roadways Laned for Traffic states, “[w]henever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: (1) a vehicle shall be driven as nearly as practiceable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.” [Read more…]
DUI/DWI & the “2:00 am Phone Call” (Washington State)
June 28, 2013 By
If you are arrested for DUI/DWI, the police officer presumably will read you your constitutional rights which include: “you have the right at this time to an attorney”; “you have the right to talk to an attorney before answering any questions”; and “you have the right to have an attorney present during the questioning”. In a nut shell, law enforcement should advise you of your right to talk to an attorney. [Read more…]
Criminal Defense Attorney on the NBA Draft & Knowing When to Say When
June 27, 2013 By
Today is the NBA draft. A joyous but conversely nerve-wracking time of year when fans of professional basketball across the world pray their team will draft the next great NBA legend / HOFer capable of a leading a team out of the lottery and deep into the playoffs ultimately culminating into an NBA title (or two or more). Ostensibly, the missing piece to a championship caliber team. [Read more…]
DUI / Drunk Driving Arraignment
June 26, 2013 By
If you were recently arrested for DUI / Drunk Driving do not wait until after you arraignment to hire a lawyer. Arraignment is a critical stage of your case. If the court finds probable cause at your arraignment to exert jurisdiction over you while your case is pending, it may impose pre-trial conditions of release on you that are expensive, embarrassing and onerous. [Read more…]
Vancouver DUI Attorney Q&A: 1st Installment
June 25, 2013 By
Question: I was arrested for a DUI two days ago. I was looking over the paperwork and saw information regarding an administrative hearing with the Washington Department of Licensing. Should I request a hearing with the DOL? [Read more…]
Talk to a Criminal Defense Lawyer
June 24, 2013 By
A common question I hear asked stemming from a misdemeanor charges is, “how seriously should I take this citation?”. Short answer: very seriously. Let’s think about potential areas of your life affected by a criminal conviction: [Read more…]
Stopped for Infraction, Arrested for DUI
June 23, 2013 By
Does the following scenario sound familiar? You’re pulled over by law enforcement for having a defective tail light. Or perhaps you were driving 10 miles per hour over the posted speed limit. In other words, you were stopped for relatively innocuous conduct not necessarily indicative of drunk driving / driving under the influence. The police officer approaches your car and asks for your driver’s license, proof of insurance and registration. Next, he walks back to his police cruiser and checks his computer system for warrants. He returns to your car and asks you to step out of your vehicle. [Read more…]
Criminal Defense Law Firm located in Historic Shumway Neighborhood
June 22, 2013 By
Matthew R. Hoff, Attorney at Law is a Criminal Defense Law Firm located in the historic Shumway neighborhood of Vancouver, WA. The office is located at the corner of 29th and Main St. [Read more…]
