A Message on the Passing of Former Chief Justice and WSBA President Mary Fairhurst

read the full article here:  by WSBA

Join us in remembering Mary Fairhurst during a Celebration of Life at 1:30 p.m. on Saturday, April 9, 2022, at Saint Martin's University's Marcus Pavilion, Pacific Ave. SE, in Lacey, WA

We are saddened by the passing of retired Chief Justice Mary Fairhurst after a long battle with cancer. Justice Fairhurst was a legal luminary and ferocious advocate for justice. She was also an unwavering beacon of love and compassion and a friend to all who came into her life. Both aspects of Justice Fairhurst’s legacy have impacted the Washington State Bar Association, making it a better, stronger organization, as well as leaving indelible marks on many of our hearts. Her resolute belief in miracles, her contagious smile, and her effervescent aptitude to live life to the fullest will be sorely missed-they are also all reminders for us to live life in the same manner.   

In February, 2021, the Washington Traffic Safety Commission (WTSC) announced its Together We Get There brand, marking the start of the agency’s new systematic approach to improving safety on our state’s roadways. Read more about the campaign here.  With this launch, WTSC joins a collective of forward-thinking organizations throughout the country that are using Proactive Traffic Safety Culture to usher in a new era of traffic safety communications and outreach.

Proactive Traffic Safety Culture is an approach that engages the majority of people who use the state’s roads safely in order to influence the smaller group engaging in risky behaviors. Essentially, by recognizing and reinforcing the positive safety norms that already exist in Washington, like wearing a seat belt or intervening to stop a friend from driving impaired, WTSC is creating a community that supports these safe behaviors and helps others adopt them.

READ MORE ABOUT IT HERE IN THE AP-NEWS

On the heels of the final Seahawk's game of the season, arguably the best game of the year for the Seahawks, Geno Smith, the Seahawks’ backup quarterback the past three years, was arrested Monday on suspicion of driving under the influence and then released, according to King County District Court records.  

Smith was arrested at 2:10 a.m. and released at 9:27 a.m., documents show.

No other details were immediately available. Click here for the Seattle Time Story.  

This monthly publication is sent out by WAPA and often duplicated by our TSRP website.  To provide you access 24/7, and so you don't have to search through your emails to find the publication you are looking for, they will be kept on our website for your convenience.    

Enjoy and thank you Law Enforcement Officers, for your service, protection and sacrifice.  

-Melanie Dane, WA TSRP

Drunk driving statistics 2021

In the latest drunk driving statistics from the NHTSA, age, gender and location are significant factors. Those most at risk for drunk driving are young people, motorcyclists and drivers with prior DWI convictions.

https://www.nhtsa.gov/risky-driving/drunk-driving

https://www.nhtsa.gov/risky-driving/drunk-driving#alcohol-abuse-and-cost-5091

COVID and drunk driving

In addition to the distractions drivers already face on the road, compounded by the stress of COVID-19 and the resulting pandemic, other increasing driver trends are concerning - particularly in conjunction with drunk driving and driving fatalities.

However, COVID-19 also left its mark on these statistics, conversely affecting drunk driving trends.

By September 2020, drunk driving fatalities increased almost five percent from the same period in 2019, although total miles traveled decreased about 14.5 percent. The fatality rate also increased from 1.10 to 1.35 in just a year. 

https://www.cdc.gov/transportationsafety/impaired_driving/impaired-drv_factsheet.html

What safety steps can individuals take?
Make plans so that you don’t have to drive while impaired by alcohol and/or drugs. For example:

• Before drinking, designate a non-drinking driver when with a group

• Don’t let your friends drive while impaired.

• If you have been drinking alcohol and/or using drugs, get a ride home, use a ride share service, or call a taxi.

• If you’re hosting a party where alcohol will be served, remind your guests to plan ahead and designate a sober driver. Offer alcohol-free beverages, and make sure all guests leave with a sober driver.

• Always wear your seat belt — it’s your best defense against impaired drivers.

• If you see an impaired driver on the road, contact local law enforcement. Your actions could help save someone’s life.

Read the full opinion here.   State v. Vanderburgh, COA No. 35868-2-III

Because “drunk driving is neither innocent nor passive,”State v. Blake, 197 Wn.2d 170 (2021), does not overrule or invalidate alter pre-existing case law which holds that vehicular homicide predicated upon the defendant operating the vehicle while under the influence of intoxicating liquor or drugs is a strict liability crime. The trial court did not err in excluding evidence that the jaywalking decedent pedestrian was potentially impaired by drugs at the time of the incident as neither the decedent’s noncompliance with state law regarding cross-walks nor drug use was a “but-cause” factor in her death. Read the full opinion here.   State v. Vanderburgh, COA No. 35868-2-III

The “driving under the influence of an intoxicant” for DUI or vehicular homicide is a strict liability crime, although the State must still prove that the conduct of the defendant was the proximate cause of the death. Frahm, 193 Wn.2d at 596. The defendant’s driving could have been “‘flawless.’”  Regardless, the law imposes absolute liability based on intoxication. State v. Burch, 197 Wn. App. 382, 407 (2016).

“Moreover, the conduct in vehicular homicide by intoxication requires the choice to consume alcohol and drive, an unquestionably dangerous combination.” State v. Bash, 130 Wn.2d 594 (1996).

Congratulation to Spokane County Prosecutor’s Office on this decision. 

State v. Blake reconsideration order

On October 23, 2020 the WSP Toxicology Laboratory received written notification from Millipore Sigma/Cerilliant informing customers of an issue impacting one of its products. An additional follow-up notification was received October 26, 2020. Both notification letters are attached.

Cerilliant_THC Qual Notice_20201015.pdf

The product in question is the Delta-9-THC (THC) Certified Reference Material, lot #FE08221804. Millipore Sigma/Cerilliant confirms that the certified concentration of this THC Certified Reference Material remains the same; however, the measurement uncertainty value for this lot has increased. 

The WSP Toxicology Laboratory has used this product multiple times from July 31, 2019 to date for the preparation of THC calibrators and controls, which are in turn used for the identification and quantitation of THC in forensic casework. The WSP Toxicology Laboratory has concluded that THC measurement uncertainty ranges for results reported from testing performed from July 31, 2019 to date, will be impacted by this change. 

The WSP Toxicology Laboratory needs additional time to calculate and validate the revised measurement uncertainty value for THC results reported since July 31, 2019. In the meantime, the WSP Toxicology Laboratory has purchased new THC Certified Reference Materials with different lot numbers and has prepared replacement THC calibrator and control materials.

The revisions will not afffect any THC result.  The revisions relate only to the measurement uncertainty, which will expand to address the above revision.  

If you have any questions regarding a THC result, contact the analyst in your case.

Although this revision is expected to have little or no effect on case dispositions, prudent prosecutors will notify defense attorneys in affected cases.   Expect a listing of cases from the toxicology laboratory to be posted and distributed. 

Through Measure 110, which has captured more than 58% of the vote so far, Oregon will decriminalize the possession of small amounts of some hard drugs, including heroin, LSD, and psilocybin. Instead of criminal prosecution, people in possession would face a fine, which can be waived if the person agrees to pursue treatment.

Oregon Story