Expect Delays on Snoqualmie Pass This Fourth of July Weekend
The Fourth of July weekend is a peak travel period in Washington State, and Snoqualmie Pass on I-90 is expected to see significant traffic delays. As the...
Whiskey Truck Crash Near Snoqualmie Pass Highlights Dangers of Speed and Commercial Vehicle Negligence
A recent Snoqualmie Pass semi-truck crash involving a trailer carrying 10,000 bottles of whiskey caused 15 miles of traffic delays and raised serious concerns about negligence and road safety....
Memorial Day Traffic in Washington: Injury or Arrest?
Memorial Day traffic in Washington is among the worst of the year. If you're traveling I-5, I-90, or US 2 this weekend, expect long delays...
I-90 Traffic and DUI Patrols: Outlaw Festival Safety Tips
If you’re planning to attend the Outlaw Music Festival at the Gorge Amphitheatre on Sunday, May 25, 2025, be prepared for increased I-90 traffic and DUI patrols. With artists like Willie Nelson...
Cle Elum Car Accident – What to Do After a Crash
A Cle Elum car accident can turn your life upside down in seconds. Whether you’re a local or a traveler passing through, knowing what to do after...
Most Dangerous Counties for Driving in Washington
Introduction If you’re driving in Washington State, it’s critical to know the most dangerous counties for car accidents. Recent data shows that fatal car crashes have increased dramatically, with over 800 traffic fatalities reported in the last year alone. From the congested freeways of King County to the risky rural roads of Yakima County, drivers face serious dangers across the state. If you or a loved one has been injured by a negligent driver, Blanford Law is ready to fight for your rights and help you recover the compensation you deserve. Top 5 Most Dangerous Counties for Driving in Washington 1. King County – 150 Fatal Car Accidents King County consistently ranks as the most dangerous county for driving in Washington. Major freeways like I-5 and I-90 see heavy traffic congestion, speeding, and frequent distracted driving incidents. 2. Pierce County – 95 Fatal Car Accidents Pierce County is another dangerous area for drivers in Washington. Busy roads like SR 16 and the Tacoma Narrows Bridge contribute to serious crashes involving impaired drivers and excessive speed. 3. Snohomish County – 41 Fatal Car Accidents Highways such as I-5 and US 2 make Snohomish County one of the most dangerous counties for car accidents in Washington, especially during holiday weekends and poor weather conditions. 4. Spokane County – 57 Fatal Car Accidents With a significant increase in fatal car accidents, Spokane County now ranks among the most dangerous counties for driving in Washington. Distracted driving and impaired drivers remain key issues. 5. Yakima County...
DUI Physical Control Washington: State v. Reid and the Safely Off the Roadway Defense
DUI Physical Control Washington: Legal Background Washington law allows DUI charges even when you're not driving. Under RCW 46.61.504, being in physical control of a vehicle while under the influence is enough to be charged. But there’s an important legal safeguard: the “safely off the roadway” defense. This defense applies if you parked your vehicle in a safe place before police arrived. In the case of State v. Reid, the Washington Supreme Court clarified how and when this defense applies. State v. Reid: Defining the Limits of the Defense In Reid, the defendant was found sleeping inside a parked car in a private lot while intoxicated. He claimed his car was “safely off the roadway,” but the Court disagreed. The Washington Supreme Court ruled: The defense under RCW 46.61.504(2) isn’t automatic. Being on private property doesn’t guarantee protection. The burden of proof is on the defendant to show they moved the vehicle safely off the roadway, before any police interaction. This case reinforces the complexity of DUI physical control Washington law. When Can You Claim "Safely Off the Roadway"? ✅ You Must Act Voluntarily You must move the vehicle yourself, not just be parked somewhere convenient or random. ✅ It Must Happen Before Police Contact If you only pulled over after seeing flashing lights, it’s likely too late to claim this defense. ✅ The Area Must Be Safe Private lots, parking lanes, and shoulder areas are not automatically safe zones. Your chosen location must clearly reduce danger to yourself and others. Blanford Law: Experienced in DUI Physical Control Washington Defense At Blanford Law, we defend DUI physical control charges across Washington. If you parked somewhere to avoid driving drunk, we can help you prove you met the legal standard for the safely off the roadway defense. We will: Analyze your case under State v. Reid and related rulings...
Safely Off the Roadway? Understanding Washington DUI Law After State v. Neill
Safely Off the Roadway? Understanding Washington DUI Law After State v. Neill Slug: washington-dui-safely-off-roadway-neillFocus Keyphrase: Washington DUI safely off the roadwayMeta Description (≤156 characters): State v. Neill clarifies when Washington DUI defendants can use the "safely off the roadway" defense under RCW 46.61.504. Learn how Blanford Law can help. Parked Isn’t Always Protected: DUI Physical Control in Washington Can you be arrested for DUI even if you weren’t driving? In Washington, the answer is yes—under RCW 46.61.504, it’s a crime to be in actual physical control of a vehicle while under the influence. That’s why the safely off the roadwaydefense is so important—and also so misunderstood. In the landmark case State v. Neill, No. 89373-5 (Wash. 2014), the Washington Supreme Court directly addressed this issue, ruling that a person found parked in a private parking lot could not automatically claim the “safely off the roadway” defense unless they proved specific legal elements. The Facts Behind State v. Neill In Neill, the defendant was found intoxicated while parked in a private grocery store parking lot. He was in the driver’s seat with the engine off. Neill claimed that because he was in a private lot and not obstructing traffic, he should be entitled to the “safely off the roadway” defense under RCW 46.61.504(2). However, the Washington Supreme Court disagreed. The Court emphasized that: “Roadway” refers to places open to or used for public travel—even if privately owned. The burden of proving the defense lies with the defendant. Being parked in a lot isn’t enough; there must be proof that the vehicle was moved voluntarily to a safe locationbefore police contact. What the Law Requires for This DUI Defense To assert the “safely off the roadway” defense successfully in Washington, you must prove: You moved the car yourself to a safe location....
Washington DUI Safely Off the Roadway: Lessons from State v. Lively
Parked Isn’t Always Safe: State v. Lively and Washington’s DUI Law Can you be convicted of DUI in Washington even if you weren’t driving? Yes—and the Washington DUI safely off the roadway defense may be your only shield. In State v. Lively, 130 Wn.2d 1 (1996), the Washington Supreme Court analyzed this critical issue under RCW 46.61.504. The case helps define what “safely off the roadway” really means in a DUI physical control case. What Happened in State v. Lively Amy Lively was found in her parked car, intoxicated. The vehicle was not on a highway but located in a private lot. Law enforcement arrested her for being in “physical control” of a motor vehicle while under the influence—a violation of Washington DUI law under RCW 46.61.504. She argued that she should be protected under the safely off the roadway DUI defense. The question before the court was whether her location and behavior met the legal threshold to invoke that defense. What Does “Safely Off the Roadway” Mean in Washington DUI Law? RCW 46.61.504 allows a person to raise an affirmative defense to DUI if they were in physical control of a vehicle but had moved it safely off the roadway. In Lively, the Washington Supreme Court clarified: The burden of proof is on the defendant. You must prove, by a preponderance of the evidence, that you voluntarily moved the vehicle to a safe location. A parking lot is not automatically safe. The court emphasized that being out of traffic lanes is not enough—context matters. The law focuses on risk to the public, not just where the car is parked. The court found that Lively had not conclusively demonstrated she had proactively taken herself out of danger to others. As a result, her Washington DUI safely off the roadway defense failed. Legal Takeaways from Lively for DUI Physical Control Charges This case sends a clear message: Intent matters. If you were sleeping in your car but didn't actively remove yourself from the road, you may still face charges. Location matters. Not all parking lots or driveways are considered “safe” under the law....
Washington DUI Physical Control: Spokane v. Beck and RCW 46.61.504
What the City of Spokane v. Beck Case Teaches About DUI and Physical Control Washington courts have long held that you don’t have to be driving to be charged with a DUI. The 2006 case City of Spokane v. Beck, decided by the Washington Court of Appeals, clarified what it means to be in “physical control” of a vehicle while under the influence under RCW 46.61.504. The decision is a powerful reminder that being intoxicated inside a vehicle—even if it's parked—can still lead to a conviction unless certain statutory defenses apply. The Facts: Parked, But Still in Trouble In Beck, the defendant was found intoxicated and asleep in her car, parked at a convenience store. The engine was running. Officers arrested her, and she was charged under Washington’s DUI physical control statute. The issue wasn’t whether she had been driving, but whether she was in actual physical control of the vehicle while under the influence. What Is “Physical Control” in Washington DUI Law? RCW 46.61.504 makes it a crime to be in “actual physical control” of a vehicle while intoxicated. Washington courts interpret this broadly. If you have the ability to operate the vehicle, you're considered in control—even if the car isn’t moving. In Beck’s case, the court determined that: The car was on. She was in the driver’s seat. She had the potential to drive away. That was enough. The “Safely Off the Roadway” Defense Washington law provides an affirmative defense if you can prove you moved your vehicle safely off the roadway prior to police contact. In this case, Beck's defense argued the car was in a safe parking lot, and thus she wasn't posing a risk. However, the court ruled that this defense requires more than just being in a parking space. The burden of proof lies with the defendant, and Beck failed to convincingly show that she had proactively moved the car off the roadway before becoming impaired. Why This Matters: Broad DUI Liability in Washington This ruling confirms: You can be convicted of a DUI even if you never start driving....