Seattle Car Accident Lawyer Blog

The National Transportation Safety Board is recommending that the blood alcohol content levels be lowered from 0.08% to 0.5% in charging motorists with driving under the influence.

There are many factors that affect one's blood alcohol content (BAC) including gender, weight, physical condition, medications and food. For a 140 pound woman, she would have to drink about 2 drinks in a 4 minute period to obtain a .05% BAC. For a man of 180 pounds, he would have to drink three or more drinks to measure at 0.05%

While the BAC levels for drunken driving is set by each state, the federal government is pressuring the states to adopt new standards.

Traditionally, there has been great opposition to lowering the BAC limit. The American Beverage Institute that represents 8,000 restaurants says that the change in the law would be targeting moderate drinkers while more than 70% of drunken-driving fatalities are caused by drivers which twice the current legal limit.

Compared with many other western countries, the U.S. has one of the highest DUI limits. Our neighbor, Canada, has the same standard as the U.S. at 0.08%. However, France, Greece and Germany and many other European nations have a 0.05% limit and some have a zero limit for young drivers.

Certainly a lower DUI limit would save lives in Washington state. It is estimated that by lowering the limit to 0.05%, the risk of a car accident would be reduced by half.

According to Deborah Hersman, chairman of the NTSB, "This [lowering legal limits] is critical because impaired driving remains one of the biggest killers."

Continue reading "Should the DUI level be lowered?" »

We have seen two fatal car accidents in Seattle in the past week. While both accidents are under investigation from the Seattle Police Department, it is possible that both accidents were alcohol-related. That is even more tragic because, if that is the case, both of these accidents could have been prevented.

The first accident occurred in the South Park area of Seattle around 11:15pm. Vickey Tilson, 51, was killed when a Chevy pickup truck went through a chain-link fence, drove the wrong-way on Highway 99 and hit Tilson's Dodge Caravan minivan head-on.

Tilson's husband and 13-year-old son were critically injured in the accident and were taken to Harborview Medical Center in Seattle.

The driver of the pickup truck was reported to be a 44-year-old woman from Tukwila. She was driving southbound on West Marginal place when her truck went through the fence and traveled south.

At this point, there are no further details available.

In another accident, a young woman who was a passenger in a car traveling on Interstate 5 near Sixth Avenue in Seattle was killed when she was thrown from the car she was riding in when the driver lost control of the vehicle, struck a barrier and the young woman was thrown from the car.

Police said that the young woman was packed in the back seat with other passengers and that may have been the reason she was not wearing a seat belt. According to a report on KING5.com, the driver may have been driving under the influence of alcohol and now faces charges of Vehicular Homicide.

According to Mothers Against Drunk Driving (MADD), there were 9,878 people killed and around 350,000 people injured in motor vehicle accidents that involved alcohol last year. In Washington State, legislators have worked hard to stiffen DUI penalties. Washington has one of the lower DUI car accident death rate in the nation but one death is one too many and in the greater Seattle area we have seen at least four car accident deaths in the last 30 days.

Continue reading "2 women killed in separate Seattle car accidents" »

A 20-year-old man has been arrested after crashing his 1987 Honda Accord into a tree, killing his passenger this early this morning.

The Olympian, in an article written by Chelsea Krotzer, reports that the single car accident occurred on Cooper Point Road near 34th Avenue Southwest around 12:31am.

The driver of the Honda was treated for his injuries at Providence St. Peter Hospital and then booked into Thurston County Jail on suspicion of Vehicular Homicide. He admitted to "drinking, smoking meth and marijuana" prior to the crash according to the report.

Vehicular Homicide, Washington vehicle code RCW 46.61.520, can be charged if a person is killed in an auto accident and the driver was driving under the influence of alcohol or drugs, driving recklessly or driving with reckless disregard to the safety of others.

Those convicted of Vehicular Homicide while intoxicated face of sentencing range of 78-102 months in prison.

The family of the deceased may seek justice in civil court by filing a wrongful death claim against the driver and his insurance company. While no amount of money can compensate for the loss of a loved one, a settlement can help provide for burial and other expenses.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We represent victims of drunk driving and their families. With more than 30 years experience, we have recovered millions of dollars in compensation for our clients.

Continue reading "Olympia man killed in car crash, friend arrested for DUI" »

Five teenage girls , who were all believed to be under the influence of alcohol, have their seat belts to thank for their lives after they were involved in a rollover car accident around 3:15am on River Road in Puyallup.

The car the girls were in was being driven by a girl who had not yet turned 18. The vehicle went off an embankment but, thanks to the seat belts, the only serious injury was a broken arm.

The driver of the vehicle was arrested and she may be charged with Vehicular Assault. Vehicular Assault can be charged if a driver is driving under the influence of alcohol or drugs ro driving recklessly and a person is seriously injured.

These girls were very lucky indeed. Rollover accidents account for about one third of all car accident fatalities. With approximately 280,000 rollover accidents every year and 10,000 deaths, to walk away from the accident without a catastrophic injury such as a spinal cord injury or traumatic brain injury, is an excellent outcome for these young people.

Seat Belts Save Lives

This accident is an excellent case in point that sea tbelt use saves lives. The residents of Washington state have gotten the message as we have one of the highest seatbelt compliance rates in the nation at 97.5 percent.

Continue reading "Teenage girls relatively unscathed after Puyallup rollover car accident" »

As reported on the Seattle Police Department Blotter on March 30, a 47-year-old woman was seriously injured early Saturday morning after her vehicle was broadsided by a man who was involved in a series of hit-and-run accidents.

Police arrested a 44-year-year old male suspect after he was involved in at least three separate hit-and-run accidents. Police believe the man was under the influence of alcohol and/or drugs at the time of the accident and they reported they confiscated crack cocaine from the suspect.

The injured woman was taken to Harborview Medical Center for treatment .

Drivers who are under the influence of alcohol or drugs cause far too many injury accidents and this is a state-wide problem. Drivers who are driving under the influence of drugs may outnumber those who are driving while under the influence of alcohol.

The driver faces serious charges of Vehicular Assault for driving under the influence of alcohol or drug and causing another person substantial bodily harm. Vehicular Assault is a Class B felony which can result in a prison sentence. The man also faces a myriad of other charges which may increase his sentence.

If you or a loved one has been involved in a motor vehicle accident in which you or one of your passengers has been injured, you may be seeking the counsel of an injury accident attorney. The Farber Law Group has more than 30 years experience representing victims of drunken drivers and their family. We will work hard to explore all avenues so that you can get the compensation you deserve to cover your medical bills and for pain and suffering.

Continue reading "Man arrested after series of hit-and-run accidents" »

A tragic pedestrian accident has claimed the lives of a couple and critically injured their daughter-in-law and her infant when a pickup truck driven by a suspected drunken driver plowed into pedestrians in a Seattle crosswalk reports The Seattle Times.

According to the report, Judy Schulte, 66, and Dennis Shulte, 68, were killed at the intersection of 33rd Avenue Northeast and Northeast 75th Street at 4:16 p.m. Their daughter in law, Karina Ulricksen-Schulte, 30, was thrown to the curb along with her 10-day old infant .Seattle Fire Department medics had to administer CPR on the infant at the scene. Karina reportedly suffered a head injury in the accident. The mother and her baby were taken to Harborview Medical Center.

Police arrested Mark W. Mullan, 50, the driver of the pickup truck and will likely charge him with Vehicular Homicide.

The Seattle Time report investigated Seattle Municipal Court records and found that Mullen was arrested for DUI in Seattle on Dec. 26 and again for DUI in Snohomish County on January 14. Records show he has had many traffic violations which include speeding, inattentive driving and running a red light.

In the aftermath of a fatal pedestrian accident such as this one, the entire community is devastated and wonders how to keep these most dangerous and drunk drivers off of our roadways. In this case, Mullan's license had been suspended yet he still continued to drive.

In spite of the fact that the legislatures, including those in Washington state, have strengthened drunk driving laws, every year drunk drivers kill around 12,000 people.

A lot of ideas have been floating about to prevent drunk driving in the first place. Some have been suggested that all cars come equipped with breathalyzer kits, or ignition interlocks. Others call for lower blood alcohol content limits. For example, in Japan and Belgium, 0.03 BAC is considered intoxicated while in France, 0.05 is the legal limit.

This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Gruop. We represent people who have been seriously injured in pedestrian and car accidents caused by drunken drivers and the wrongful death cases of those who have been killed.

Contact us today at 1-800-244-0987 for a free and confidential case consultation.

Continue reading "2 killed, mother and infant in critical condition after being hit by a drunk driver in Seattle" »

Vehicular Homicide, RCW 46.61.520, while driving intoxicated face a sentencing range of 78-102 months.

In Washington State, Vehicular Homicide is a Class A felony. It can be charged if a person was killed in an automobile accident and the driver was under the influence of alcohol or drugs.

The family of the deceased may also choose to file a Wrongful Death claim in civil court seeking damages for the negligent act that killed their family member. Wrongful death lawsuits are usually filed by the parents, wife or children of the decedent.

Continue reading "Vehicular homicide charged in Halloween pedestrian accident" »

Imagine driving down the highway at nighttime and then seeing the headlights of an oncoming car coming right at you. I can hardly imagine a scarier scenario. But that's what happened on Monday night around 8:30pm when a suspected drunk driver drove east in the westbound lanes of Route 8.

The Washington State Patrol says that Mark A. McKern, 31, of Shelton, drove his Hyundai Sonata the wrong-way on Route 8 before sideswiping a car driven by Penny B. Ramstein, of Elma, and then colliding head-on with a 2000 Volkswagen Beetle driven by 21-year-old Karli A. Stillwell, also of Elma.

McKern was airlifted to Harborview Medical Center in Seattle. His 8-month-old daughter, who was riding in the car at the time of the accident, was taken to the hospital for an evaluation and then was released to her mother. Luckily, the baby was not injured in the accident.

Both Ramstein and Stillwell were injured and taken to Providence St. Peter Hospital in Olympia.

McKern faces serious charges after he recovers. He is likely to be charged with Driving Under the Influence of alcohol or drugs. He also faces charges of Vehicular Assault. Vehicular Assault, Washington State Vehicle Code RCW 46.61.522, can be charged of a person was seriously injured in a motor vehicle accident and the driver was driving recklessly or driving under the influence of alcohol or drugs.

Wrong Way Accidents

Car accidents caused by wrong way drivers are more common than most people could imagine. There is hardly a week go by across the United States that a person is not seriously injured or killed due to a wrong way driver. In fact, 3 of all motor vehicle accidents and 5% of accidents resulting in fatalities were caused by wrong way drivers. Often these accidents result in catastrophic injuries including spinal cord injuries and death to the wrong way driver or the cars he or she hits.

Common characteristics of wrong way driving accidents:

• Most wrong way accidents occur after dark.
• Most wrong way drivers are impaired by alcohol or drugs or both.
• To a lesser extent, a wrong way driver can be an elderly driver who is confused.
• They occur on roadways where the entrance and exit designs are confusing.

Continue reading "Route 8 wrong way driver faces serious charges" »

The Washington State Patrol, in media release, reported that law enforcement officers all over Washington state will be conducting emphasis patrols on December 14 including officers in Bellevue, Issaquah, Kent, Kirkland, Mercer Island, Newcastle, Redmond, Seattle, Snoqualmie

There will be 1,000 law enforcement officers across the state who will be vigilant in the search for drivers who are intoxicated, not wearing seatbelts, driving aggressively, speeding or using cell phones illegally.

The WSP says the emphasis patrols will be in memory of all the officers who have died in the line of duty.

Impaired drivers -- drivers who are intoxicated or under the influence of drugs -- are the primary reason why people are killed in auto accidents. According to King County, in the past 13 years, more than 6,2000 impaired drivers have been arrested .

If you are attending a holiday party, make sure you use a designated driver such as a sober friend, a taxi cab or a bus, to avoid being arrested for drunken driving.

Continue reading "Law enforcement emphasis patrols on December 14 for "Night of 1,000 Stars"" »

Josh Brent, Dallas Cowboys defensive lineman, has been charged with "intoxication manslaughter" after a car accident that killed his teammate and friend, Jerry Brown. In Washington state, the equivalent charge would be "vehicular manslaughter."

The car accident occurred around 2:20am Saturday morning in Dallas. Police say that Brent was speeding when his vehicle hit a curb and flipped. Unfortunately, Brent's teammate and friend Jerry Brown was killed in the accident.

Follow-up news reports revealed that Josh Brent had a previous DUI charge while he was in college. In that incident, Brent took a plea deal and he was sentenced to probation and 60 days in jail.

While the facts in this accident are headliners because the of the high profile individuals involved, this scenario happens over and over again nightly in cities across the nation. Two friends out drinking and, instead of calling a taxi, one of the parties involved getting behind the wheel and driving.

In fatal alcohol-related accidents, 59% of those killed are the driver, 19% are passengers, 11% people in other vehicles and 7% pedestrians or bicyclists.

Many people are reviewing Brent's first DUI conviction and calling his first DUI conviction sentencing "lenient". They say that. had Brent been incarcerated longer after his first DUI, Brown would be alive today. While that may or may not be true, we also need to look at the culture of drinking and driving. Surely these two, could have called a cab or even, in their circumstances, hired a limo. Choosing to drive drunk and choosing to ride with a drunk can be a fatal decision.

Continue reading "Dallas cowboy lineman charged with "intoxication manslaughter"" »

Yesterday, the voters in Washington State said "yes" in Washington Initiative 502 (I-502) which is marijuana reform. The initiative legalized small amounts of marijuana products for adults and also subjected the products to a state tax.

We are still waiting to see how the law shakes out especially since the U.S. Department of Justice sent Washington state a letter saying that Federal marijuana laws are "unchanged" by legalization. At this point there is a conflict between the feds and the state on de-criminalizing marijuana.

As a personal injury attorney, our concern is that there will be stoned -- impaired -- drivers on the highway that cause accidents that cause property damages, seriously injures innocent people and kills people.

We haven't seen Washington state statistics but the Los Angeles Times reports that 1,000 car accident deaths occur every year in California due to drivers who are high on drugs. The California Highway Patrol blames the increase in the medical marijuana use over the past 10 years for the accidents.

Gil Kerlikowske, former Seattle police chief and current director of National Drug Control Policy for the White House says:

Marijuana is a significant and important contributing factor in a growing number of fatal accidents. There is no question, not only from the data but from what I have heard in my career as a law enforcement officer.

According to the National Highway Traffic Safety Administration (NHTSA), based on random nighttime check on drivers, 16.3% of all drivers are impaired at nighttime, half of those are impaired by marijuana.

At this point, the NHTSA says that the government is just not sure what level of marijuana usage impairs a driver. Several studies are currently being conducted to answer that question.

Right now, if the Washington State Patrol suspects a driver is high, they can conduct an examination consisting of various skills tests which can aid in determining whether a driver is impaired.

Expect there to be a lot of legal wrangling in the future over this contentious law.

Continue reading "Washington State Pot Initiative and Impaired Driving" »

A total of 364 motorists were arrested for investigation of driving under the influence in King County during a recent drunk driving enforcement emphasis, according to the Washington Traffic Safety Commission. Statewide, 1,603 drivers were arrested during the “Drive Hammered, Get Nailed” campaign, which ran from Aug. 17 to Sept. 3.

Last year, the number of DUI arrests in King County during the same campaign was 452.

King County law enforcement agencies that partnered with the King County Sheriff's office and the Washington State Patrol in this year’s campaign were the police departments in Auburn, Bellevue, Black Diamond, Burien, Clyde Hill, Covington, Des Moines, Duvall, Enumclaw, Federal Way, Issaquah, Kent, Kirkland, Maple Valley, Mercer Island, Newcastle, North Bend, Pacific, Port of Seattle, Redmond, Renton, Sammamish, SeaTac, Seattle, Snoqualmie and Tukwila.

August is the most deadly months in Washington in terms of fatal accidents linked to drunk driving. You can do you part to assist law enforcement in identifying and stopping drunk drivers by calling 911 if you suspect someone is driving drunk.

How to Identify a Drunk Driver

There are some clues that another driver may be driving under the influence. Sometimes a driver knows they are drunk and exhibits the following behaviors:

• The driver is driving slower than the speed limit
• The driver is driving close to the steering wheel with face close to the windshield
• The driver makes sudden stops
• The driver steps on their brakes often
• The driver is "sloppy" and goes from side to side and crosses lane markers

Drivers who don't think they are drunk may be aggressive drivers and exhibit the following behaviors:

• Speeding
• Following too closely
• Tailgating
• Being aggressive
• Weaving in traffic
• Crossing line stripes

Continue reading "Call 911 if you suspect a motorist is driving drunk" »

Joyce Parsons, 79, of Kirkland was killed and Arthur Kamm, of Bellevue, was critically injured when they were involved in a head-on car accident on Juanita Drive late Tuesday night. According to news reports, there were two other people in their vehicle, both of whom were injured, one critically.

Kamm, according to his son, was taken to Harborview Medical Center in Seattle and is being treated for in the intensive care unit (ICU) for internal injuries and other injuries.

The Kirkland Reporter, in a report by Matt Phelps, says that Kelly Hudson, 41, crossed the centerline near NE 120th Street and struck the small sedan driven by Arthur Kamm head-on. Police are investigating Hudson for driving under the influence and believe the accident was caused by drunk driving.

The Seattle Times said that just prior to the accident, a witness called 911 to report Hudson as a possible drunk driver and the accident occurred while the witness was still on the phone with the 911 operator.

Hudson apparently suffered minor injuries in the accident and has been arrested for investigation of vehicular homicide.

Continue reading "Kirkland head-on collision kills woman, 3 others injured" »

A 31-year-old woman faces charges of vehicular assault after she drove her car up onto a sidewalk and hit an Everett man, his 16-year-old son, 8-year-old-niece and 2-year-old nephew in the 2600 block of Broadway on Tuesday afternoon.

The driver is suspected of driving under the influence of alcohol when the Everett pedestrian accident occurred.

The man, Chauncey Filbert, 40, was walking on Broadway with his son, niece and a nephew in a baby stroller when they were hit.

Filbert suffered serious leg injuries requiring skin and muscle grafts.

Filbert's son, Ben Elliott, 16, suffered a broken leg and required surgery to repair the damage with pins.

Filbert likely saved the life of his niece whom he pushed into the bushes. She suffered a broken foot and required stitches to her head. Her brother required stitches on his head.

Motor vehicle accidents that involve drunk drivers often result in deaths. The family in this incident is so grateful to have survived, albeit with serious injuries. Pedestrians have absolutely no protection when hit by a car.

The driver in this case did one of the most dangerous things a person can do which is driver while intoxicated. When a driver does this, they put so many other people at risk.

Continue reading "Driver faces vehicular assault charges after Everett pedestrian accident injures man, 3 children" »

The mother of Samuel Garcia, 32, who was killed in an accident caused by a teenage drunk driver has been awarded $716.5M in damages in her lawsuit against a Florida convenience store that sold the teenager alcohol.

David Holdsworth, 17, along with his friends, purchased beer and other alcoholic beverages from the Best for Less Food Mart in Apollo Beach, Fla. Holdsworth later returned to the store and purchased more beer and alcohol.

Later that day, Holdsworth lost control of his car and swerved into Garcia's vehicle as Garcia waited to exit a parking lot. Garcia sustained a serious injury in the accident, a torn aorta, but bystanders were unable to extricate him from his vehicle because his car was against power cables and bystanders feared being electrocuted. Garcia died 15-20 minutes after the accident from the torn aorta.

Holdsworth's blood alcohol content (BAC) was .151% when he hit Garcia He was sentenced to five years in prison for negligent homicide.

Garcia's mother filed a wrongful death lawsuit against the Best for Less Food Mart and the owners, Nasser and Wendy Ayyoub, claiming they were liable under Dram Shop liability because their store knowingly furnished alcohol to minors.

The attorney for Garcia's mother, William Gilbert of Moses Lake, Wash, said that it was common knowledge to the teens at the high school that Holdsworth attended that alcohol could be purchased by minors at the Best for Less. In fact, the employees at the stores would package the alcohol in the back of the store so no one would be aware what the teens were purchasing.

Just months prior to the car accident, the state had cited Nasser Ayyoub for selling alcohol to minors and he had paid a fine and completed a training program.

Continue reading "Jury finds convenience store that sold alcohol to teenage drunk driver liable for $716.5M" »

Brandon R. Duprie, 21, of Enumclaw was killed early Sunday morning when the pickup truck in which he was riding in went off the road and struck a power pole near Orting. The driver, a 22-year-old Enumclaw man and a 22-year-old passenger were injured in the truck accident.

According to a report in Tacoma's The News Tribune, the Duprie was riding in a 20006 Chevrolet pickup truck eastbound on SR 162 when the truck swerved off the road and struck the pole.

The report said that none of the three men in the truck were wearing seat belts.

According to the Washington State Patrol, speed and alcohol appear to be factors in the accident.

The driver of the pickup truck may be charged with vehicular assault and vehicular homicide. These two charges are serious and, if convicted, the driver could face mandatory jail time.

Vehicular Homicide

Vehicular homicide, Washington state statute RCW 46.61.520 can be charged if a person is killed in a motor vehicle accident and the driver was driving under the influence of drugs or alcohol, driving without regard to the safety of others, or driving recklessly.

A driver who is convicted of vehicular homicide while driving under the influence of alcohol or drug faces a jail sentence of between six and a half and eight and a half years.

Continue reading "21-year-old Enumclaw man killed in Orting truck accident" »

The Seattle Times reports that a 21-year-old Renton man was killed in a Bellevue car accident early Saturday morning around 12:20am. The man was riding in the front passenger seat of a BMW that crashed into a jersey barrier on the on-off ramp at NE 6th street and Interstate 405.

A female passenger, a 19-year-old Renton woman, who was riding in the rear seat was critically injured in the accident and was taken to Harborview Medical Center in Seattle, a Level I trauma center.

The 31-year-old driver of the black BMW, initially attempted to flee the accident scene but Bellevue police were able to apprehend him and he was taken to Harborview as well.

The driver of the BMW will be charged with Vehicular Assault and Vehicular Homicide. Washington State Vehicle Code RCW 46.61.520 allows the state to charge a driver with Vehicular Homicide if he or she was driving under the influence of alcohol and was involved in a motor vehicle accident in which a person was killed.

Vehicular Homicide and Assault charges are very serious crimes which require mandatory mail or prison time. Mandatory sentencing guidelines for Vehicular Homicide was just increased by the Washington State legislature to 78-102 months if the driver was intoxicated at the time of the accident.

Every year upwards of 34,000 people are killed in motor vehicle accidents every year and a third of those deaths can be attributed to alcohol. In half the car accident deaths attributed to alcohol, the driver had a BAC of .15% and higher which is nearly twice the legal limit of alcohol.

Continue reading "Renton man is killed, 2 others injured in Bellevue car accident" »

In 2004, Washington state started requiring all drivers convicted of Driving Under the Influence (DUI) to have an ignition interlock device installed on their car or truck if they wanted to continue driving.

An alcohol interlock devices is a breathing device which is connected to a vehicle's ignition system and prohibits the vehicle from starting if a driver blows into the device and their Blood Alcohol Content (BAC) is above a preset level.

Washington is only one of 15 states that require everyone convicted of DUI to install an ignition interlock device if they want to continue driving. Other states only make the requirement of repeat offenders or those with a very high BAC.

A new study published by the Insurance Institute for Highway Safety found that, by requiring the interlock devices on all drivers convicted of a DUI offenses to install the devices, that Washington DUI recidivism dropped by 12%. Research extrapolated that if every driver who was required to install the device actually did so, DUI recidivism rates would drop 50%.

Washington DUI Laws

The Washington state legislature has written many laws intent at deterring and punishing those who drive while intoxicated including:

Vehicular Homicide — providing mandatory sentencing guidelines for drivers who were involved in an accident while intoxicated in which a person was killed.

Social Host — holding adults liable for furnishing alcohol to people under the age of 21.

Mandatory BAC — requiring a mandatory blood alcohol content test of drivers killed in a motor vehicle accident.

Mandatory Alcohol Assessment and Treatment — requires drivers convicted of DUI/DWI to undergo an assessment of alcohol abuse problems and participate in a treatment program.

Ignition Interlocks for First Time DUI Offenders — provides incentives or requires DUI offenders to install an ignition interlock device.

Continue reading "Study shows that alcohol interlock devices for all convicted of DUI reduces re-offenses" »

Patrick Rexroat,57, of Snohomish, was sentenced to four years in prison for the Kirkland drunken driving accident that killed Steve Lacey last summer.

Rexroat was driving under the influence of alcohol and claimed he was following a car that had cut him off. He pulled off of Interstate 405 at NE 85th street at a high rate of speed, lost control and slammed into the BMW driven by Lacey. Lacey died instantly in the accident.

Rexroat's behavior after the accident was especially abominable. He walked around the accident scene picking up pieces of his vehicle and then pounded his chest like a gorilla.

Convicted of Vehicular Homicide and DUI, the judge sentenced Rexroat to the high end of the sentencing range. Rexroat's blood alcohol content was 0.29 percent at the time of the accident and the alcohol appeared to fuel road rage.

The Washington state legislature just passed HB 2216 which increased the penalty for vehicular homicide from 31-24 months to 78-102 months. Rexroat's sentencing, however, went into effect under the old guidelines so he'll only spend four years in jail.

Continue reading "Man sentenced in Kirkland drunk driving accident that killed Google engineer" »

The Washington state legislature passed HB 2216 which increases the penalties for people convicted of vehicular homicide and vehicular assault in Washington state when the driver was driving under the influence of alcohol.

A person can be convicted of vehicular homicide if a person dies within three years of a motor vehicle accident and the driver was driving recklessly, driving under the influence of alcohol or drugs or driving with out regard to the safety of others. A person can be convicted of vehicular assault if a person is seriously injured in a motor vehicle accident the driver was driving under the influence of drugs or alcohol driving recklessly or driving with reckless disregard to the safety of others.

The bill, sponsored by Representatives Hurst, Pearson, Van De Wege, Dahlquist, Tharinger, Goodman, Johnson, Dammeier, Sells Kelley, McCune and Kristiansen, was passed unanimously by the Senate on Thursday

The legislature, with this bill, is sending a message to drivers: "If you drink and drive and injure or kill someone in a motor vehicle accident, then you are going to spend more time in jail."

The sentencing ranges have been increased:

• Drivers convicted of vehicular homicide while driving under the influence of alcohol or drugs — sentencing range increased from 31-41 months to 78-102 months.
• Drivers convicted of vehicular homicide while driving in a reckless manner — sentencing range increased from 21-27 months to 51-68 months.
• Drivers who are convicted of vehicular homicide for driving with reckless disregard for the safety — sentencing range increased from 15-20 months to 21-27 months.
• Drivers who are convicted of vehicular assault after a car accident in which a person was seriously injured and the driver was under the influence of drugs or alcohol will now have a sentencing range of 6-12 months.

Continue reading "Washington legislature stiffens penalties for those convicted of vehicular homicide and vehicular assault" »