Two new DOL wins are in for Leyba Defense PLLC
I just received two rulings in the mail for some DOL hearings I did a while back. Both of these cases at first glance seemed difficult to win. In fact I imagine most other Attorneys might just mail it in and tell their clients they did the best they could. But not Leyba Defense PLLC. We will tirelessly fight on your behalf and even when the outcome might seem in doubt we always somehow seem to get a great result. If you want to read more about the cases continue on.
The first case was a DUI arrest in King County. In this DUI case the Trooper said they were driving southbound on I-5 when they were able to magically estimate the speed without any device whatsoever. This is called visual estimation and in my opinion is a bunch of bologna. So “visually estimates” the speed, gets behind the vehicle, conducts a pace for probably 3-4 seconds and activates the overhead lights.
The vehicle immediately pulls over. Upon contact the the driver is allegedly observed to have bloodshot watery eyes, and there is an odor of alcohol. The driver admits to consuming a beer several hours before. No other signs of impairment are observed. The Trooper asks the driver to exit and perform some voluntary field sobriety tests. The driver declines to take the tests and is immediately arrested for DUI.
Once at the station the driver is completely polite with the Trooper. When asked if he wants to take the breath test the driver declines the test and a refusal is marked. A proposed 1 year license suspension is recommended by the DOL for the refusal. Thankfully however they rescinded the license revocation after DUI Attorney Matthew Leyba persuaded them otherwise.
The second case is much like the first. Although there were more interesting legal issues. Another “visual estimate.” Except this time the Deputy Sheriff is driving the opposite direction on Aurora Ave when he makes the observation. Makes a U-turn and proceeds to follow the vehicle for over 2 miles. In fact the Deputy followed the vehicle from Shoreline all the way into Edmonds. In other words from King County to Snohomish County.
During this time the vehicle was traveling 30 in a 40 MPH zone. No other bad driving was observed. The vehicle eventually pulls into a 7-11 parking lot and doesn’t use a turn signal. So this was the reason the Deputy decided to pull the vehicle over. Upon contact the driver is observed to have slurred speech, finger dexterity issues, bloodshot and watery eyes and admits to drinking. When exiting the vehicle the driver slowly gets out and has difficulty walking way from the vehicle.
Once outside the driver declines the field sobriety tests and is immediately arrested for a DUI in Edmonds, WA. Later the breath test is declined in Shoreline. Due to some prior issues this was a proposed 2 year license revocation. However Leyba Defense PLLC was able to convince the DOL not to suspend the license and dismiss the administration action.
As always any DOL win is a good one. The last time I checked the winning percentage at my firm for DOL hearings was a tad over 40% for this year. These two will only increase that total. The statewide dismissal rate is a tad under 25%. So why is my rate almost twice the states average. Because I don’t just mail it in like so many other DUI Attorneys. They see the low dismissal rate, the difficult DOL judge, or the lack of legal issues on the surface and they don’t try.