DUI South Cle Elum Washington: What to Do If You’re Pulled Over
If you're pulled over for DUI in South Cle Elum, Washington, what happens next can have a long-lasting impact. Whether you're a resident or just...
DUI Cle Elum Washington: What to Do If You’re Pulled Over
DUI Cle Elum Washington: What to Do If You're Pulled Over If you're stopped for DUI in Cle Elum, Washington, the decisions you make in...
DUI Ellensburg Washington: What to Do If You’re Pulled Over
f you’ve been pulled over for DUI in Ellensburg, Washington, what you do next can seriously impact your case. Whether you were coming from a...
DUI Roslyn Washington: What to Do If You’re Pulled Over
If you're pulled over for DUI in Roslyn, Washington, how you respond can greatly impact the outcome of your case. Whether you're coming from a...
State v Amurri Reckless Driving Case: Washington RCW 46.61.500 Explained
Reckless driving is one of the most serious traffic offenses in Washington State, often tied to speeding. However, the case of State v. Amurri, 51 Wn.App. 262,...
State v O’Neal Reckless Endangerment Case: RCW 9A.36.050 in Washington Law
Reckless endangerment is a serious criminal charge in Washington State, requiring clear proof of substantial risk. The landmark case of State v. O'Neal, 23 Wn. App. 899,...
State v Amurri Reckless Driving: Washington DUI & Negligent Charges
In State v. Amurri, the court addressed whether driving under the influence (DUI) of alcohol alone automatically constitutes reckless or negligent driving. The Washington Court of Appeals...
Vacating Conviction RCW 9.96.060: Clear Your Record in Washington
In Washington State, individuals who have been convicted of misdemeanor or gross misdemeanor offenses may have an opportunity to clear their criminal records through a...
DUI and Reckless Endangerment in Washington: The Case of Andrea Marie Rich
Introduction: Understanding DUI and Reckless Endangerment Under Washington Law In Washington State, driving under the influence (DUI) can lead to additional serious charges, including reckless endangerment under RCW 9A.36.050. The case of State of Washington v. Andrea Marie Rich highlights how intoxication and dangerous driving behaviors may cross legal thresholds, resulting in severe criminal penalties. This case explores the intersection of DUI laws, reckless endangerment, and the legal definitions that apply to these offenses. Case Background: The DUI Arrest of Andrea Marie Rich Andrea Marie Rich was arrested for driving under the influence after law enforcement observed her erratic driving. Her blood alcohol content (BAC) exceeded the legal limit in Washington State. In addition to the DUI charge, the State charged her with reckless endangerment under RCW 9A.36.050, arguing that her behavior posed a substantial risk of harm to others. What is Reckless Endangerment in Washington State? Under RCW 9A.36.050, reckless endangerment occurs when a person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person. Unlike reckless driving, reckless endangerment focuses on the risk of harm rather than the vehicle operation itself. Key Elements of Reckless Endangerment: Reckless conduct. Creation of a substantial risk of serious harm. No requirement that actual harm occurred. Learn more about RCW 9A.36.050 – Reckless Endangerment. How Does DUI Lead to Reckless Endangerment Charges? In Washington, a standard DUI charge involves driving with a BAC of 0.08% or higher or being impaired by drugs or alcohol. However, when the driver’s actions put others in significant danger—such as swerving into oncoming traffic or driving at high speeds—prosecutors may also file reckless endangerment charges. In Andrea Rich’s case, the prosecution claimed that her high intoxication level and dangerous driving behaviors met the legal threshold for reckless endangerment. This dual charge significantly increased the potential penalties she faced. Court Decision: The Outcome of State v. Andrea Marie Rich The court evaluated whether Andrea Rich’s conduct created a substantial risk of harm under RCW 9A.36.050. Ultimately, the court determined that her actions satisfied the elements of reckless endangerment. This case serves as a warning that driving under the influence can lead to enhanced criminal consequences if the behavior endangers others. Key Takeaways: DUI and Reckless Endangerment in Washington DUI charges may escalate if the driver’s actions create a substantial risk of harm. Reckless endangerment does not require actual injury—only the creation of significant risk. Courts closely examine the driver’s level of intoxication and conduct when determining additional charges. If you are facing DUI or reckless endangerment charges in Washington, consult an experienced attorney immediately. The legal thresholds for these offenses are complex, and the consequences can be life-changing. Review...
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...