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  • Thursday, April 17, 2025 7:40 AM | Anonymous member (Administrator)


    WA Crash Prosecutors - The COA-I case, State v. Wasuge, has been docketed for oral argument before the state supreme court.  This is a Physical Control affected-by case involving testimony of "burn off" with broader implications on Retrograde Extrapolation testimony as that testimony relates to generalities without a specific biographical nexus to qualities possessed by defendant.  It's been certified for the "burn off" issue as well as a possible issue regarding defendant's statements made during the initial investigative detention.

    This is one to watch because it will affect our practice.

    Oral Argument set for May 20, 2025 at 9AM to be viewed virtually here once they calendar the video feed Schedule - TVW

     


  • Monday, March 31, 2025 7:19 AM | Anonymous member (Administrator)

    Introducing Spokane Police Dept. Impaired Driving Coordinator, Mike Thomas!

    Officer Thomas works for the Spokane PD as our new Impaired Driving Coordinator in that region. This is a position with the grant funded support of the Washington Traffic Safety Commission with the mission to assist with community outreach and education on the topic of impaired driving. Officer Thomas is focused on reducing fatal and serious injury collisions though training and education.

    A part of this position allows him to attend the Spokane Municipal DUI Therapeutic and Accountability Court, where they help to monitor some of the highest risk and highest need DUI offenders in the community. Officer Thomas, a Drug Recognition Expert (DRE) Instructor, DRE Regional Coordinator, and member of the Washington State DRE Advisory Board, focuses much of his time on training officers in the region. He has been providing training for SFST’s, BAC, and A.R.I.D.E. training for officers. He provides valuable training on current drug trends for first responders, hospitals, treatment providers, probation, parole, and education professionals. This training helps to identify those struggling with substance use disorder and connects them with services with the understanding these people are potentially driving while impaired.

    If you need any assistance on anything impaired-driving enforcement, contact Officer Thomas at mthomas@spokanepolice.org 

  • Monday, March 31, 2025 6:54 AM | Anonymous member (Administrator)


    We have tons of content in this issue for you from training opportunities to leg-updates, CHECK IT OUT!

    IN THIS EDITION:

    • That’s a Wrap! Prosecutor Bootcamp Success

    • TSRP Lethal Weapon Vhom/Vassault Prosecution!

    • Legislative Update & Case Law Updates to keep in your back pocket

    • Target Zero Emphasis Patrols – Looking for ride-alongs

    • Welcome to our new class of DRE Graduates

    • New State Ferry DUI Policy

    CLICK HERE FOR YOUR 2025 SPRING NEWSLETTER


     We hope you enjoy it!

    Cheers,

    Brad & Michelle


  • Thursday, January 02, 2025 2:13 PM | Anonymous member (Administrator)

    Introducing our new

    WA State Traffic Safety Judicial Outreach Liaison (JOL):

    Judge Adam Eisenberg (ret.)


    Adam Eisenberg is the new Washington State Judicial Outreach Liaison (JOL). A former judge on the Seattle Municipal Court, he currently serves as a judge pro tem for the Tulalip Tribal Court and for district and municipal courts in King and Snohomish counties. 

    Judge Eisenberg grew up on a small cattle ranch outside Boulder, Colorado. After earning a journalism degree from the University of Colorado, he worked for seven years as an Los Angeles-based entertainment journalist for newspapers and magazines in the United States, Japan, France and England. A career change led him to law school, and he earned his Juris Doctor from University of Washington. His career includes stints as a criminal prosecutor, a civil trial attorney, a court commissioner, an elected judge, and an adjunct law professor. 

    While on the Seattle Municipal Court bench, Judge Eisenberg was the judicial sponsor for the Domestic Violence Intervention Project (DVIP), a collaborative, community-based program that serves as an alternative to jail by providing individualized treatment to break the cycles of abuse and trauma. He was also co-director of the Seattle Youth Traffic Court, a restorative justice court in which high school students hand down sentences for teens who have gotten tickets in Seattle.

    Outside the courtroom, Judge Eisenberg teaches Museum Law and other courses at the University of Washington, practices the martial art of aikido, and is the author of the nonfiction book, A Different Shade of Blue: How Women Changed the Face of Police Work.

  • Thursday, January 02, 2025 1:51 PM | Anonymous member (Administrator)

    State v. Leer, No. 86863-2-I (Dec. 30, 2024):  COA Division-1 Gives us a Binding Opinion on Expired Vials!


    WA Crash Prosecutors - COA Div-I agrees with us and follows the reasoning in Keller, the trial court must confine its foundational thresholds to admission to the four-corners of the statute (RCW 46.61.506(3) & WAC 448-14-020(3)). Analysis prior to the lapse of the vial's expiration date is NOT a requirement and subsequent analysis does not per se bar admission of the tox. Further - and this is another important part - the court noted that the state's 702 witness testified that the lapse of the expiration would not adulterate the sample based on the stability studies relied upon by our expert and discussed on the record, no Frye challenge was properly raised nor preserved. This goes a bit further than the holding in Kanta from Div-II and it's published! The panel also added some interesting dicta about the defendant's use of parol evidence, a declaration offered in an unrelated case but filed in this case (if you've ever litigated this issue, you're familiar with this declaration).

    Kudos to Mason County DPA Tim Higgs who successfully argued the case!

    Reach out to your TSRP for briefing and guidance.

    DOWNLOAD OPINION HERE & CITE AWAY

    Cheers!

    Brad & Michelle

  • Friday, December 20, 2024 1:39 PM | Anonymous member (Administrator)

    The Winter 2024 TSRP Newsletter is out!

    DOWNLOAD YOUR COPY HERE

    IN THIS EDITION:

    • Expired Vials – We have an appellate opinion!

    • Look-out for Wenatchee v. Stearns

    • Confrontation Clause taken-up by the Supreme Court

    • Target Zero emphasis patrol success

    • Introducing our new TSRP

    • Announcing Spring 2025 TSRP Bootcamp

    • Save the dates for up-coming Prosecutor and LEO training

  • Monday, September 30, 2024 1:29 PM | Anonymous member (Administrator)

    *YOUR FALL-2024 TSRP UPDATE IS HERE!!

    We have a jam-packed Newsletter this Fall plus an exclusive members-only download for your new 2024 TSRP DUI Benchbook!!

    IN THIS EDITION:

    • DRE school grads,-
    • Toxicology Lab Updates
    • Legislative / Case Law Hot Topics
    •  Expired Vials & Confrontation Clause
    • Introducing our new DRE Coordinator
    • Save the dates for up-coming Prosecutor and LEO training
    • Bootcamp recap + TSRP’s out-and-about
    • 2024 DUI Benchbook is out!

    Check Out the Newsletter Here!

    We hope you enjoy it! Cheers!!!

  • Sunday, August 04, 2024 8:56 AM | Anonymous member
    Prosecutors prosecuting the cannabis impaired driver, this is a MUST read.  NTLC's "Behind the Lines" article on how to educate your jury with your DRE or officer, trained to detect impairment caused by cannabis, is a MUST read.  You can find the article here.  If you are not yet a NDAA member, I highly encourage you to join and take full advantage of their expertise on traffic safety and impaired driving prosecution.
  • Sunday, June 30, 2024 10:01 PM | Anonymous member

    To find the most recent TSRP newsletter with highlights from Keller and Smith v. Az, please look under the impaired driving resources tab.  Thank you!


  • Friday, June 21, 2024 1:23 PM | Anonymous member

    The Supreme Court on 6.21.24, upheld a federal law that bars anyone subject to a domestic-violence restraining order from possessing a gun. By a vote of 8-1, the court ruled that the law does not violate the Constitution’s Second Amendment, which protects the right of the people to keep and bear Arms.

    In 2020, a court in Texas entered a civil protective order against him after he dragged his then-girlfriend back to his car when she tried to leave after an argument. He pushed her into the car, causing her to hit her head on the dashboard. He also fired a gun at a bystander who witnessed the incident. The protective order specifically barred Rahimi from having a gun.

    Justice Roberts opined that when looking at English and American gun laws, the US firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms. In particular, he pointed to two different kinds of laws in early history – laws that gave courts the power to require individuals who were believed to be a threat to post a bond, and laws that provided for the punishment of individuals who had threatened others with guns.

    When those laws are viewed together, Roberts wrote, they “confirm what common sense suggests: When an individual poses a clear threat of violence to another, the threatening individual may be disarmed.”

    The ruling in United States v. Rahimi was the court’s first Second Amendment case since it threw out New York’s handgun-licensing law nearly two years ago. In that case, New York State Rifle & Pistol Association v. Bruen, the majority emphasized that courts should uphold gun restrictions only when there is a tradition of such regulation in U.S. history.  Here the court found a relationship to such tradition which supports the disarming of persons who poses a clear threat of violence to another.


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