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Posts Tagged ‘DUI’

Is Driving With A Cold As Bad As Drunk Driving?

Car Accident, Car accidents, DUI, DUI accident, personal injury, Seattle car accident attorney, Seattle Car Accident Lawyers, Washington car accident attorney

January 17th, 2012: Law Blogger

It is cold season and with all of these people walking around the streets or sitting at their desks sneezing and coughing and downing shots of Dayquil like it’s Jagermeister at a frat party, it’s no wonder that they may have some trouble getting home and sometimes get into auto accidents.

And if a person is sick and single, or at least left to fend for themselves at home while their spouse or significant other is at work, it seems that driving is required to get to the store in order to get some (any) relief…and ice cream. Walking long distances when you barely have the energy to lift your head seems overwhelming, but getting to the car is just as hard.

However, now science has stepped forward and proven that driving with a heavy cold can affect ability to the same extent as drinking more than four double whiskies. Wow, now that IS a frat party!

Driving With A Cold

Could the most dangerous people on the road potentially be totally sober, if not for the bacteria that’s trying it’s hardest to consume them? Safety experts suggest the answer could be “yes.”

British Insurance company Young Marmalade, which carried out the research jointly with UK car and bike accessory manufactuerer, Halfords, say that they have found a dramatic increase in poor driving when cold sufferers were subjected to scientific tests.

Researchers say that driver’s reaction times dropped sharply when they had severe cold symptoms, sudden braking became much more frequent and cornering became erratic as the test subjects were found to be less aware of what was around them.

The research team used what is called a “telematic” box, which records drivers’ speed, braking, and cornering, just like the little black box one might find on an airplane. After a thorough examination of the data, researchers found that a participant who had an “excellent” driving rating of 95% when healthy dropped to 60% when suffering from a cold.

Based on a common UK rating system, a person at 60% should expect to be involved in an accident and may be deemed uninsurable by normal insurance companies. It inspired Young Marmalade to issue a warning for motorists not to drive with heavy colds or flu.

“We would advise a commonsense approach. A heavy cold can impair a driver’s mood, concentration and judgment, if you don’t feel well don’t drive,” they said.

Cardiff University Common Cold Unit in South Wales has also come out with similar conclusions from research they conducted in 2011 involving cold and flu sufferers. They found that their subjects had poor reaction times and alertness, putting them at risk of being involved in an serious car accident.

Symptoms of Bad Driving

Though it is almost impossible to truly gauge statistically, insurance companies suspect sick drivers are responsible for thousands of accidents every year. Police warn that drivers getting behind the wheel while suffering a heavy cold could potentially be putting other drivers at risk and could be found to be driving under the influence (DUI) if they’ve been found to have consumed too much over the counter medicines with alcohol in them. However, they also warn that flus and colds can lead to dangerous, even reckless, behavior.

“Sneezing can be very violent, especially with a severe cold and causes the sufferer to close their eyes temporarily,” said Pc Steve Rounds, of the Central Motorway Police Group.

Symptoms that should make you reconsider driving:

Fever (100º F or greater) – Fevers can cause lightheadedness and confusion and have even been known to cause hallucinations if they are greater than 104º. Every flu is accompanied a temperature, but if it exceeds 100º do not operate a vehicle.

Headache – A mild headache and operating a vehicle can be fine, but a flu headache resembles that of a migraine. Light and sound are abrasive and painful causing the sufferer to close their eyes and beg for quiet and darkness. Flu headaches can cause blurred vision, excessive blinking, confusion, and severe shooting pain. You should not drive with those symptoms.

Muscle aches – These are irritating, but driving with them is not a potential cause of a car accident unless pain medication is taken (see below).

Chills – This is a sign of a fever and should prompt the sufferer to stay in bed.

Extreme tiredness – This is a very bad symptom to be driving on. Drowsy driving causes thousands of car accidents and thousands of deaths and injuries every year as tired drivers drift into oncoming lanes and off of roads.

Coughing or Sneezing – A hacking cough or excessive sneezing can cause the driver to take their hand temporarily off of the wheel and may cause them to close their eyes. This can be a problem when accidents can happen in a split second.

Runny nose – This symptom is just irritating and gross, but doesn’t really contribute to accidents. But driving with one hand while the other is occupied with a tissue only adds to the over dangerousness of driving with a cold.

Seattle Car Accident Attorney

Washington law is very specific about its reckless driving laws, including such things as tailgating, speeding, and driving erratically. Though it may be found that sick drivers are not under the influence of cough syrup or other cold and flu drugs, if they get into a car accident they could potentially be found negligent reckless driving by driving erratically.

If you or someone you know has been injured in a car accident in the state of Washington, you need an experienced representative to assure you receive the best settlement. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.
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Are Drunk Drivers Aware Of Their Dangerous Behavior?

Car Accident, Car accidents, DUI, DUI accident, personal injury, Seattle car accident attorney, Seattle Car Accident Lawyers, Washington car accident attorney

January 5th, 2012: Law Blogger

New Years Eve has passed and slowly the tally of drunk drivers caught over that notorious night and the DUI heavy holiday season come in from local and state law enforcement agencies. So far, the tally looks pretty normal with some municipalities showing an increase and some a decrease. But what they don’t seem to tally are the excuses.

When some people make a mistake, they like to blame the alcohol. “I was drunk!” they might say, but this is seldom an excuse used by drunk drivers for obvious reasons. So how do they explain away their behavior? Well, who knows or cares, because as new research shows, there are no good excuses when it comes to DUI, because the drivers are fully aware of what they’re doing.

That’s right, DUI drivers can now give a laundry list of excuses, but that won’t eliminate the fact that they were completely aware that they had been drinking and were then getting into a car and that is not only a mistake, but illegal.

DUI Awareness Study

The new study called Alcohol Effects on Performance Monitoring and Adjustment: Affect Modulation and Impairment of Evaluative Cognitive Control, can be seen in the upcoming edition of the Journal of Abnormal Psychology and was paid for by the The National Institute on Alcohol Abuse and Alcoholism and the University of Missouri Research Board.

The study took brain tests of 67 people and showed that alcohol dulls a mechanism in the brain that tells an individual to stop their behavior when they realize they’re making mistakes. Essentially, the study shows that people who commit blunders while under the influence of alcohol know they’re doing it; they just don’t care.

“This isn’t the first study that shows alcohol alters the behavior of those who consume it, but it’s the first to show they don’t care that they’re making mistakes,” said Bartholow, associate professor of psychology at the University of Missouri-Columbia and lead researcher.

The implications of this study is that people who put the public in danger by drinking and getting behind the wheel can’t blame it on not having control because they are fully aware of their behavior, the potential for serious car accidents.

The study group derived of people between the ages of 21 and 35 that were broken into three groups:

Group A – One-third of the participants received drinks with enough alcohol to raise their blood levels to just under the legal driving limit of .08 blood alcohol content (BAC). Researchers noted that all participants in the control group got the same amount and they didn’t measure if the effect was gradual.

Group B – Another third of the participants received non-alcoholic placebo drinks, however they didn’t know if the drinks contained alcohol or not.

Group C - A third received drinks they knew contained no alcohol.

Each group was then assigned tasks designed to elicit mistakes. Researchers used devices on the participants to measure brain activity as the subjects took the tests. Medical technology exists to measure brain activity for impulse control, emotion, mood and other functions. With these devices they recorded results as they observed various factors in participants behavior during the tests such as

  • Mood and demeanor
  • Accuracy in computer tasks
  • Perception of accuracy in the tasks

Though this was a computerized test and not a driving simulator, the moral and reactionary tests were similar. When the mechanism is working, researchers observed that the participants that didn’t ingest alcohol slow down and either tried not to make the mistake again, or they take corrective action. However, the control group that had alcohol was observed to be more likely to disregard the moral stop sign, even though they knew what they were doing.

It became apparent that non-drinkers had normal activity in the part of the brain that regulated recognizing mistakes, whereas drinkers had less activity.

“Normally, someone who makes mistakes is aware and makes an effort not to make that mistake again,” Bartholow said. “Drinkers made less of an effort or simply moved past their errors even though they knew they’d made errors.”

The dulling of the brain’s mistake alarm only occurred among people who had alcoholic beverages, he said, and added that using alcohol doesn’t allow someone to escape culpability.

Drinking and Driving In Washington State

Washington State DUI laws, like most laws around the world, prohibit the operation of a motor vehicle by a driver not only under the influence of alcohol, but also under the influence of a controlled substance such as marijuana, cocaine, inhalants and other intoxicants. These include prescription drugs that specifically warn against operating machinery.

The .08 percent limit is a general standard used across the US to determine which drivers are “impaired.” Washington has lower BAC limits for commercial drivers (.04) and drivers under the age of 21 (.02). This ensures that underage drivers and commercial drivers stay alert and responsible.

The DUI limits translate as such:

DRINK EQUIVALENTS: 1 drink / 1 dose equals:

  • 1 1/2 ounces of rum, rye, scotch, brandy, gin, vodka etc.
  • 1 12-oz. bottle of normal-strength beer 3-4%
  • Approximately 7 – 8 oz. of Malt Liquor, or a strong micro brew.
  • 3 ounces of fortified wine
  • 4 – 5 ounces of table wine

Allow an hour per dose before returning to work. Example 2 glasses of wine, allow two hours from time of last dose.

Seattle DUI Victims Lawyers

If you or a loved one sustain serious personal injuries caused by a drunk driver then it is imperative that you find a good lawyer with a proven track record of success in personal injury litigation. Call Phillips Webster for a free consultation.

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How Do I Get Around This New Year’s Eve?

DUI, DUI accident, DUI accident attorneys, DUI victims lawyers, personal injury attorney, Seattle DUI accident lawyers

December 30th, 2011: Law Blogger

It’s almost 2012! Are you excited? You ask some people what their favorite holiday is and they’ll give you a myriad of answers, but the sheer volume of people out and about during New Year’s Eve will tell you that December 31st tops their list.

What other holiday can you dress up, let off the steam of a whole year, and not really care because everyone else is doing it? But of course, this doesn’t mean that laws and consequences don’t apply. That’s where concerns about drinking and driving come in.

Believe it or not, the police have found out about New Year’s Eve and are out in force looking for the drunk drivers. This is not only to keep the streets and pedestrians safe, but it’s also a fantastic source revenue for the state and municipality. See? Everyone wins, except you if you’re caught drinking and driving.

What to Expect If You Are Caught Drinking and Driving

The Washington State legislature has been particularly active this year making the Driving Under the Influence (DUI) Laws that much more stringent. If you think that you can talk your way out of the ticket, think again. If the multiple local arrests for drunk driving this year including Legislators, Mayors, and even Prosecutors has shown the general public that getting out of a DUI arrest is virtually impossible.

Here’s what happens:

  • You will get tested on the roadside and recorded on a dash cam so try to look your best.
  • You will get to blow into a tube. If you refuse, the consequences get even worse when you’re prosecuted (and you WILL be prosecuted).
  • Your car will get impounded and held for (up to) 48 hours.
  • You will ride in a police car to the jail.
  • You will get your picture taken.
  • You will spend the night in jail with people you probably would never have wanted to meet.
  • You will get fined up to $5000.
  • You will go to court.
  • You might get more jail time.
  • You might get an ankle bracelet detaining you to your home and work.
  • You might get to blow into a tube in order start your vehicle for up to a year after.

If this is not your first DUI offense, the rules tighten up considerably, and according to new legislation passed this year, if you are deemed a habitual offender with 3 or more arrests, it becomes a felony. This has multiple lasting consequences that change your life considerably.

Getting Around On New Year’s Eve

Regardless of where you go and how you get there, expect to go slow because the roads are packed until about 1am the closer you get to urban areas and destinations such as Casinos, concert venues, etc. This makes most paid rides such as taxis, limos, and town cars expensive, but still worth it. However, getting to a venue is not generally the problem, it’s after you have had that bottle of champagne, two shots of “I forget, but it was red and fruity,” and the other drinks along the way.

Metro (Seattle Metro, Sound Transit, Regional Transit) – Metro generally has some late night schedules running past midnight. Know your schedules and choose a route and destination. Have a contingency plan if you miss the bus. Be careful walking to the bus stop and waiting, it would be best to choose a well populated bus stop. And Remember, the key to riding transit is patience.

Taxi – Expect long waits both to be picked up at the beginning of the night and the end of the night. Remember, everyone wants a taxi the same time you do most likely so calling the taxi company can be dicey, so identify your nearest taxi stand and dress warm for a long wait. Those can be found at casinos, hotels, and have been installed in some of the most popular places in Seattle. Expect to pay no less than $50 no matter where you go. It’s worth it.

Limo and Town Car – These have most likely been reserved, but if you have friends who have an extra space, grab it. The cost should be no more than a cab for each individual in the group and gives you a great safe mobile party. However, if the driver is just giving you a ride to your car so that you can drink and drive from somewhere else, it’s not worth it.

Party Bus – There might still be some space left on a party bus. They pick up from a centralized place at a certain time and drop off at a certain time. This is a great way to get around safely and meet new people. However, make sure that if they drop you off at your car that there is an all night café to get food and water to help you sober up before driving.

Walking and Neighborhood Parties – One of the best New Year’s Eves you can ever have is right by your home celebrating with your community either in local bars or at a neighbor’s house. It lets you meet new people you see often, but never met personally, and most of all you support your local business. Also, with all of the money you save on taxis, you can allocate the money to a new dress or bottle of fine champagne. You deserve it.

DUI Victim’s Attorney

New Year’s Eve is one of the best times of the year because to many people it signifies a fresh start. But starting the year with a DUI or vehicular homicide charge could make it the year that your life took a turn for the worse. Would you spend $100 on a taxi to save yourself $5000 in fines, potential loss of your job, and possible jail time? Most people would say yes.

Phillips Webster represents families of victims who have been wrongfully killed in Washington State. They are skilled attorneys in wrongful death lawsuits and personal injury lawsuits with years of experience that they will use to  assure the you get the compensation you deserve.

Call Phillips Webster today for a free consultation.

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Why Does Washington State Have One of the Highest DUI Fatality Rates in the US?

DUI, DUI accident attorneys, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers, Seattle DUI Victims Attorneys, Wrongful Death

December 1st, 2011: Law Blogger

It may be shocking to hear that Washington State has one of the highest driving under the influence (DUI) fatality rates in the country. The Northwest seems so sparsely populated, laid back, liberal, and almost innocent in a way. But then you see the statistics: highest suicide rate, largest population of heroin addicts per capita, one of the largest domestic producers of meth amphetamine. This underbelly is enough to make you cringe.

This sad fact about DUI was revealed by the organization Mothers Against Drunk Driving (MADD) in their annual report. MADD is a grassroots movement that has grown to influencing national policies on DUI. And why not? Nobody wants to disappoint their mother. But disappoint we have and they suggest in the report that we be sent to our legislative rooms to draft tougher laws against drunk driving.

Washington State DUI Fatalities

MADD says that in 2009 there were 206 DUI-related traffic deaths in Washington state. This comprises nearly 42% of traffic fatalities in the state for that year. Only Connecticut, Hawaii and South Carolina had higher death rates from DUI.

That year was also a busy year for Washington law enforcement across the state as police stopped nearly 20,000 3-time DUI offenders and over 2,100 5-time offenders. MADD has recommendations specifically for Washington state to help with this disturbing conclusion.

According to the report “Washington has the most comprehensive ignition interlock law in the nation but could take additional steps to help save more lives. The state needs a better child endangerment law, legalization of sobriety checkpoints and utilization of no-refusal activities to further crack down on drunk driving.”

5 Criteria to Curb Drunk Driving

MADD has five criteria with which to determine the effectiveness of any given state’s DUI policy. States are assessed, determined, and then given stars for each policy that they comply with. There are only 5 five-star states: Arizona, Illinois, Kansas, Nebraska, and Utah. Washington, even with our horrid fatality rate, still rates three stars.

Drunk driving criteria:

Requiring Ignition Interlocks for all Drunk Driving Offenders – MADD cites more than 15 peer-reviewed studies to back their recommendation for laws that require devices such as ignition interlocks (breathalyzers set in the steering wheel that require little to no alcohol be detected before the convicted DUI offender can start their car). The Centers for Disease Control recommended this year that every state pass an all-offender ignition interlock law. By implementing this law alone, New Mexico and Arizona have reduced DUI fatalities by 36 and 46 percent.

Conducting Sobriety Checkpoints – Many people in Washington State find the prospect of checkpoints unsavory, leaving sort of a Gestapo taste in the mouth. Opponents also cite the fact that traffic is bad enough without daunting line of cars waiting for the police to stumble upon a suspect. However, according to MADD, sobriety checkpoints are proven to reduce DUI fatalities by an average of 20% by acting as a general deterrent to drinking and driving. Though opponents also say that it is a wasted use of manpower, MADD says checkpoints are cost-effective, reducing drunk driving expenses by at least six dollars for every dollar invested.

Enhancing Penalties for DUI Child Endangerment – DUI child endangerment is an issue that actually hits the headlines often without the required horrific car accident that thrusts other DUIs into the local headlines. This is where an adult chooses to drive drunk with a child or children in the vehicle and you would be amazed at how often it happens. MADD says enhanced penalties, such as making the crime a felony, are important ways to make adults think twice before acting so irresponsibly. This may run into an issue with the state’s roll in custody and parenting rights.

Participating in No-refusal Events – Refusing to submit to Breathalyzer or bloods test (BAC testing) is a serious thing in Washington State, but according to MADD, not serious enough. By refusing to submit to BAC, the organization says it could present a significant challenge to law enforcement and the courts. MADD insists that “no-refusal weekends” are successful in reducing the number of offenders who refuse BAC testing. The only way a State can get a no-refusal star, even if they have a no-refusal plicy in place is if drivers stopped have a 10% or lower refusal instance.

Utilizing Administrative License Revocation – Administrative License Revocation (ALR) is standard punishment for drunk driving in Washington State through the immediate confiscation of the offender’s driver’s license by the arresting officer. MADD says that studies show that ALR reduces DUI fatalities by as much as 9%.

Seattle DUI Victims Lawyers

Okay, so Washington State, with its 3 stars, is somewhat middle of the road in the country when it comes to DUI convictions, but the state has been pretty good about releasing funds for DUI patrols at crucial times such as holidays and summer months. But many advocates say that the patrols are not effective if the penalties for DUI are not stringent enough to curb the behavior.

It seems that the large fines, possible jail time, mandatory impound, and public record are not enough to scare people into making better decisions, particularly young people. Some have suggested that there needs to be more education and a change in social perception of the severity of the act of drinking and driving. Until then, the victims, their families, and advocates continue to fight.

If you or a loved one are injured or killed in a DUI wreck, it is important that you find legal council as soon as possible to help you through the legal components of the tragedy. Call the DUI Victim’s Attorneys at Phillips Webster for a consultation on your legal rights.

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Drinking and Driving Prevention Technology Takes A Giant Step

DADSS, DUI, DUI accident attorneys, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers, Seattle DUI Victims Attorneys, Wrongful Death

November 2nd, 2011: Law Blogger

Currently in the State of Washington, drinking and driving laws are becoming some of the most stringent in the country. For us and other advocates for victims of drinking and driving, we welcome it. Not everyone is on our side.

There are those who use individual freedom as their justification for lowered drunk driving standards. This extends from the .08 blood-alcohol content (BAC) standard to the obligatory breathalyzer installed into the automobile by the courts for habitual offenders. However, those who have been personally injured or had loved ones who have been killed by a drunk driver will point out the individual rights of victims.

One of these organizations is Mothers Against Drunk Driving (MADD). This organization has been a vocal advocate of radical steps at drunk driving prevention including laws that not only cite the behavior of individuals, but also the bars that serve them. Now they have taken it one step further with the Driver Alcohol Detection System for Safety (DADSS) research program. A program that will undoubtedly stir a lively push back from the car manufacturers and those in the legal community who choose to defend drunk drivers.

Driver Alcohol Detection System for Safety (DADSS)

The DADDSS program began its research in 2008 as a national effort to develop publicly-acceptable technology that will prevent the illegal operation of a vehicle by a drunk driver.

The $10 million cooperative research project between the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety (ACTS), representing the nation’s leading automakers, is now entering a new phase in which it will move out of the laboratory and onto the road. Researchers expect a drivable test vehicle to be ready within two years.

Researchers say that they are attempting to develop technology that won’t hassle sober drivers, requires no maintenance, and will be precise enough that it stops a driver when their BAC is at or exceeds 0.08.

“This will be lifesaving technology,” believes Rob Strassburger, Vice President of Safety and Harmonization of the Alliance of Automobile Manufacturers.

How Does It Work?

Two companies, Autoliv Development AB of Sweden and Takata-TruTouch of Auburn Hills, Michigan, are offering different alternative. Each were awarded $2.25 million to successfully demonstrating a working technology during the proof-of-concept phase. They have the potential for ultimately meeting stringent performance criteria established for DADSS.

Distant Spectrometry- Autoliv is developing a breath-based device, which they say performs a fast,  contact free, unobtrusive measurement of the driver’s breath alcohol. It utilizes concentrations of carbon dioxide as a measure of dilution of the driver’s exhaled breath. Multiple sensors placed in the vehicle cabin will allow the system to ensure that the breath sample is from the driver only and not other passengers.

Tissue Spectrometry – Takata-TruTouch is working on a touch-based approach that can measure BAC by shining an infrared light on the user’s skin. A portion of the light scatters several millimeters through the driver’s skin before returning back to the skin’s surface where it is collected by the optical touch pad. This light contains information on the skin’s unique chemical properties, which can be analyzed to determine the driver’s alcohol concentration.

The Court of Public Opinion

The public has been inundated with anti-DUI messages and now at least are aware or the problem. However, nationally, drinking and driving continues to be one of the leading causes of death and injury on America’s roads, claiming a life every 48 minutes. The NHTSA feels that the DADSS devices are a promising new tool to prevent drunk drivers and repeat offenders from getting behind the wheel.

Opinion research indicates that the public is ready for such a device. Research shows that two-thirds of those surveyed considered the use of advanced technology to keep drunk drivers off the roads to be a “good” or “very good” idea. Authorities cite the fact hat there were still nearly 11,000 such fatalities in 2009, nearly one-third of the traffic toll. They estimate that DADSS could prevent an estimated 8,000 drunk driving deaths a year.

Seattle DUI Victims Lawyers

As we recognize that this is a radical approach, if their numbers are correct this could reduce drunk driving fatalities by an amazing 72%. With those kinds of results, the inconvenience is worth the overall effect on society as a whole.

This may prove to reduce the number of roadside shrines that occupy roads across the nation commemorating those lost to drinking and driving. The shrines are also a reminder that the measures as they stand currently are reducing the number of drunk driving deaths slowly, but now that technology has caught up to the need, it is time to not only change policy and force behavior changes.

If you or a loved one are injured or killed in a DUI wreck, it is important that you find legal council as soon as possible to help you through the legal components of the tragedy. Call the DUI Victim’s Attorneys at Phillips Webster for a consultation on your legal rights.

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What Do I Do About a Suspended License in Washington State?

Car accidents, DUI, puget sound car accident attorney, puget sound car accident lawyer, speeding, suspended license, Washington car accident attorneys, Washington car accident lawyer

October 26th, 2011: Law Blogger

Getting a ticket in Washington State only has slight differences from any other state. You’re stopped, the officer gets out of their cruiser, and the pleading begins. Avoiding a ticket at the traffic stop is nearly impossible and you need to watch out, because if you get too frustrated, you might throw that wadded-up ticket into the back seat and forget about it.

However you come about to getting your license suspended, surprisingly, there are many levels of suspension that most people have no idea exist. This can cause a ton of problems, because once police discover you are driving on a suspended license you will find yourself calling someone to pick you up where ever you are.

Levels of a Suspended, Cancelled, or Revoked License in WA State

The Washington Department of Licensing (DOL) will suspend your driver’s license if you have been cited for a driving infraction and failed to appear in court, or if you have been cited for drug- or alcohol-related offense. The most common reason for driving privileges to be suspended is not paying the ticket.

The main reasons people don’t pay and get their license suspended are:

  • Procrastination
  • Lack of Funds
  • Stubbornness
  • Forgetfulness

Third Degree Driving While License Suspended or Revoked

So your license has been suspended and you get stopped. Not only do you phone a friend, you also get a fine. If your license is suspended or revoked solely because you have not taken the steps to have it reinstated or you didn’t appear at a hearing for the traffic infraction, you could be charged with 3rd degree driving while license suspended. This is a fine and a harsh reminder that, what was going to be a simple process is now going to be a giant expensive pain in the rear.

Second Degree Driving While License Suspended or Revoked

So you still didn’t take care of it after you were stopped the first time or the traffic stop is also accompanied by some other serious vehicle infraction. Driving while license suspended 2nd degree is considered a gross misdemeanor and is punishable by up to 1 year in jail and fines up to $5,000. In order to be charged with this offense, your license must have been originally suspended for one of the following offenses:

  • Hit and run
  • Racing
  • Theft of gasoline
  • DUI
  • Reckless driving
  • Eluding police
  • Vehicular assault/homicide
  • Negligent driving

First Degree Driving While License Suspended or Revoked

According to the DOL, if you have had 3 or more convictions for DUI, reckless driving, negligent driving, or prior driving on suspended license convictions, you may face first degree driving while license suspended or revoked.

This is considered a gross misdemeanor that comes with up to one year in jail and fines up to $5,000. There are mandatory minimum jail sentences for this first degree offense. You can find all of this at RCW 46.65.020 – Habitual Offender.

Reinstating A Suspended License In Washington State

Make sure that you have a copy of the original ticket issued to you and read the instructions written on both sides. This will give you a starting point. If you have also been issued a ticket for driving with a suspended license read that ticket fully too. The DOL will send you a letter upon request detailing your unresolved citations, including contact information for the appropriate courts so you can resolve the tickets.

You can get information in person at a Driver Services Office, by phone at (360) 902-3900, or by e-mail at drivers@dol.wa.gov. You can also send a letter to:

Department of Licensing,

c/o Driver Responsibility,

P.O. Box 9030,

Olympia, WA 98507

Temporary Restricted License

For those whose driver’s license is suspended but they need to get to and from work, the Washington DOL provides an Occupational/Restricted Driver License (ORL). The temporary ORL is provided only if specific conditions are met, and it could take a week to 10 days to process your application. There is a $100 nonrefundable application fee, so make sure you meet the criteria before you apply.

If your license was suspended due to a DUI, you may be able to apply for an ignition interlock device. This depends on the circumstances of your DUI.

Washington Auto Accident Attorney

You can always order a copy of your driving record report. This report is fairly clear in spelling out whether your driver’s license is currently valid and exactly what your driving record looks like. The report will also list the points against your license and, if appropriate, information on any accidents you have had.

Phillips Webster represents families of victims who have been injured or died in car accidents in Washington state. We are skilled attorneys in wrongful death lawsuits and personal injury lawsuits with years of experience that they will use to assure that you get the compensation you deserve. Call today for a free consultation.

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Is Driving on Marijuana Worse Than Driving On Alcohol?

drugged driving, DUI, DUI accident attorneys, DUI victims lawyers, marijuana, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers

October 19th, 2011: Law Blogger

Let us state right up front, driving on either marijuana or alcohol is illegal and a completely boneheaded idea that could potentially kill you, your passengers, and any innocent people driving, riding their bikes, or walking around you. Even driving on prescription medicines is illegal. Just don’t do it.

Yet, it happens, and there are people with scientific credentials doing trials to measure the effects of driving while people are high on delta-9-tetrahydrocannabinol (THC), the active ingredient of the cannabis plant otherwise known as marijuana.

Studies have shown THC helps fight glaucoma, boost appetites in cancer patients, and reduce nausea, aches, and pains for some disease sufferers. One thing no study will tell you is that marijuana cures bad driving, so anyone who tells you that marijuana makes them a better driver should have their personal observations questioned from then on.

However, like we said, there are studies being conducted that shed some light on some misconceptions of the effects of marijuana on a person’s ability to drive.

“Given the ongoing epidemic of drug-impaired driving and the increased permissibility and accessibility of marijuana for medical use in the U.S., it is urgent that we better understand the role of marijuana in causing car accidents,” Dr. Guohua Li, professor of epidemiology at Columbia University, said about of his marijuana driving study (see below).

Alcohol Effects on Driving

Anyone who has had a drink knows the effects of alcohol. One of those effects is impaired judgment, so the more a person drinks, the more they think they can drive. This is merely the first of many problems that come along with the consumption of alcohol that makes people who drive drunk a massive danger on the road.

  • Impaired eyesight
  • Impaired equilibrium
  • Impaired reaction
  • Low attention span
  • Confusion
  • Enhanced mood (good or bad)
  • Fatigue
  • Chance of blackout

Marijuana Effects on Driving

According to NORML, the marijuana advocacy site, “Subjects under the influence of marijuana are aware of their impairment and compensate for it accordingly, such as by slowing down and by focusing their attention when they know a response will be required. This reaction is just the opposite of that exhibited by drivers under the influence of alcohol, who tend to drive in a more risky manner proportional to their intoxication.”

Some of the effects include:

  • Impaired reaction
  • Low attention span
  • Enhanced mood (good or bad)
  • Fatigue
  • Confusion

Research

Beyond what advocates say and the lighter list of impairments, a new study published in the October, 2011 issue of the American Journal of Epidemiology found that nearly 30% of fatally injured drivers tested positive for drugs other than alcohol, with marijuana being the main culprit.

Epidemiology – the branch of medicine that deals with the incidence, distribution, and possible control of diseases and other factors relating to health.

Researchers in the study used data gathered from 9 epidemiologic studies published in English in the past 2 decades to assess the association between marijuana use and crash risk. The researchers found that drivers who tested positive for marijuana within three hours of using were more than twice as likely to be involved in a motor vehicle crash.

Drug assessment methods were important in the study also. Researchers found that the crash risk was higher if the marijuana concentration levels found in the urine were higher. The reason for this is that high concentrations in urine denote recent use and the amount, whereas longer-term use (such as in habitual or medicinal users) is better assessed in hair follicle tests.

The study’s authors suggested that marijuana use may worsen reaction and coordination abilities, but weren’t sure whether the amount of marijuana used, or how it was ingested, contributed to the crash rates.

“The results of this meta-analysis suggest that marijuana use by drivers is associated with a significantly increased risk of being involved in motor vehicle crashes,” the study abstract stated.

Skeptics

The study also suggests that, like alcohol, the more marijuana a driver consumes before getting behind the wheel, the more likely they are to crash. This assessment and the actual danger behind the wheel has drawn some skepticism. One of those skeptics is from a very surprising place, the Insurance Institute of Highway Safety (IIHS) a long time advocate of stricter enforcement and penalties for drunk and drugged driving.

“We can’t really say yet that marijuana increases the risk by two or three times,” Chuck Farmer, director of statistics of the IIHS said about the October study cited above. “Most of their studies pointed to a very strong bad effect of marijuana on driving, but there are other studies out there that actually go the other way.”

Of course there are also advocates from NORML that will give an obvious biased, but will also cite many of the same studies that other skeptics do. Specifically on their website they cite a 2002 review of seven separate studies involving 7,934 drivers, which reported, “Crash culpability studies have failed to demonstrate that drivers with cannabinoids in the blood are significantly more likely than drug-free drivers to be culpable in road crashes.”

DUI Victims Attorney

Like our opening disclaimer, we don’t advocate anyone getting into their vehicle after ingesting any type of substance that has the remote chance of impairment, be it alcohol, marijuana, or an over the counter cough medicine. Thought those are very different in their power and effects, we urge people to please review alternative options such as mass transit or taxis to get where they are going after ingesting drugs, pain medication or alcohol.

Phillips Webster represents families of victims who have been hurt or died in car accidents in Washington state. They are skilled attorneys in wrongful death lawsuits and personal injury lawsuits with years of experience that they will use to  assure the you get the compensation you deserve. Call today for a free consultation.

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Are The Washington State DUI Laws Effective Enough?

DUI, DUI accident attorneys, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers, Seattle DUI Victims Attorneys, Wrongful Death

September 8th, 2011: Law Blogger

If you are a regular reader of this blog or have been a client of Phillips Webster before, then you know that we are one of the most ardent advocates of victims of Driving Under the Influence (DUI) in Washington State. There are roughly 250 people wrongfully killed every year by drunken drivers in Washington, nearly one person for every weekday, and a large portion of those victims are young people. According to the National Highway Traffic Safety Administration (NHTSA) it is one of the main causes of death amongst people 16 to 22 years of age. We find these statistics dismaying and take them very seriously, because some of these statistics are not mere statistics at all, but our clients and their grieving families.

The loss of a loved one in the prime of their life is horrible, but this statistic doesn’t mention the thousands of victims that are personally injured (some permanently) due to DUI accidents every year. Many in the legal system are frustrated by these life altering incidents, but see little change in driver’s behavior. Commonly convicted drunken drivers serve less time because 1/3 is waived for good behavior. This, compounded by credit for time they spent in King County Jail and typically a 10 day early release, renders punishments hamstrung and, in some victims’ advocates minds, not fully effective.

“You would think that with that degree of carnage we would take a pretty tough line on this,” King County Prosecutor Dan Satterberg told KOMO Radio. “But under the state sentencing guidelines, a person who kills another person while they are drunk driving faces a standard sentencing range of 31 to 41 months.”

Strengthening Washington State DUI Laws

Washington State legislature House Bill 1789, was signed into law in May of this year. It tightens up the rules for felony DUI drivers (drivers that are habitual drunk drivers with 4 or more convictions or have hurt or killed someone with a car while drunk before). This is a law that advocates such as Mothers Against Drunk Driving (MADD) have been pushing for years and a major win for victims.

HB 1789 Tightens DUI Laws by:

  • Punishing habitual offenders - “Once you’re a felony DUI, you’re always a felony DUI,” said King County deputy prosecutor Amy Freedheim.
  • Takes into account prior offenses – The suspect’s overall driving record will be taken into consideration during hearings and sentencing.
  • Forces full sentences – This means no “good behavior” releases.
  • Requires ignition interlock device - A person convicted of felonious DUI is required to pay to install an ignition interlock device, under certain circumstances.

Satterberg was supporting a House bill, No. 1646, that would have made vehicular homicide by DUI equivalent to manslaughter – a charge less than murder given to people negligent for the death of another. HB1646 would also increase the sentencing range for driving under the influence (DUI) homicide to the equivalent of Manslaughter 1st degree. Instead of the standard sentence range for vehicular homicide in Washington State being 3.5 years maximum, the manslaughter first degree charge would increase the sentencing range to 78 to 102 months for the first offense (8.5 years maximum).

Unfortunately, the House Judiciary Committee did not take the necessary action to move the bill out of committee, so it remains lying dormant in the State Legislature. Satterberg said that the cost of incarceration is main issue that was a factor in why the bill died. He also pointed out that people are much more likely to die because of a drunken driver than be murdered.

By changing the DUI deaths to manslaughter charges, the designation would not be differentiated on the national level, and thus would suddenly make Washington State one of the most dangerous states in the country for murders committed. Not something legislators want prospective businesses and people thinking about moving to the state to see.

Washington State Drinking and Driving Laws

Washington State DUI laws, like most laws around the world, prohibit the operation of a motor vehicle by a driver not only under the influence of alcohol, but also under the influence of a controlled substance such as marijuana, cocaine, inhalants and other intoxicants. These include prescription drugs that specifically warn against operating machinery.

The .08 percent limit is a general standard used across the US to determine which drivers are “impaired.” Washington has lower BAC limits for commercial drivers (.04) and drivers under the age of 21 (.02). This ensures that underage drivers and commercial drivers stay alert and responsible.

The DUI limits translate as such:

DRINK EQUIVALENTS: 1 drink / 1 dose equals:

  • 1 1/2 ounces of rum, rye, scotch, brandy, gin, vodka etc.
  • 1 12-oz. bottle of normal-strength beer 3-4%
  • Approximately 7 – 8 oz. of Malt Liquor, or a strong micro brew.
  • 3 ounces of fortified wine
  • 4 – 5 ounces of table wine

Allow an hour per dose before returning to work. Example 2 glasses of wine, allow two hours from time of last dose.

Seattle DUI Victims Lawyers

Though Washington State is somewhat middle of the road in the country when it comes to DUI convictions, but the state has been pretty good about releasing funds for DUI patrols at crucial times such as holidays and summer months. But many advocates say that the patrols are not effective if the penalties for DUI are not stringent enough to curb the behavior.

It seems that the large fines, possible jail time, mandatory impound, and public record are not enough to scare people into making better decisions, particularly young people. Some have suggested that there needs to be more education and a change in social perception of the severity of the act of drinking and driving. Until then, the victims, their families, and advocates continue to fight.

If you or a loved one are injured or killed in a DUI wreck, it is important that you find legal council as soon as possible to help you through the legal components of the tragedy. Call the DUI Victim’s Attorneys at Phillips Webster for a consultation on your legal rights.

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What Are The Rules For DUI Vehicle Impound In Washington State?

DUI, DUI accident attorneys, DUI Impound, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers

July 21st, 2011: Law Blogger

Seattle DUI Victim's LawyersThe rules in Washington State surrounding Driving Under the Influence (DUI) are changing rapidly. Why? Because people still insist on drinking, getting into their vehicles, and rolling the dice as to whether they’ll kill someone that night.

As the families of victims of drunk divers will tell you, any increase in severity of the DUI rules in Washington State is welcome. But there is that balance between personal liberty and the punishment fitting the crime. This covers many social rules such as owning a gun and drug use.

But in Washington, Governor Gregoir has been aggressive in making sure that our roads are safe. Not only have grants for extra DUI patrols in areas all over the state, but she implemented the Target Zero program that aims to end vehicular deaths in Washington completely by 2030. New, more stringent rules against those who drive under the influence is a big part of it.

DUI and Impounded Cars in Washington State

Tonight, a new rule takes effect that may just hamper your ability to get to work on time tomorrow if you go out drinking tonight and get a DUI. Of course, getting to work on time is the least of your worries. The rule requires vehicles driven by DUI suspects to be towed away and, with only a few exceptions, to be placed on a mandatory 12-hour hold at the towing company. Before the law, officers could let a sober friend take over the wheel, or a family member pick up the vehicle at roadside. That has all changed.

“This is about making sure that impaired drivers don’t return to their cars and drive again before they’ve sobered up,” said State Patrol Chief John R. Batiste. “This isn’t about trying to punish someone for driving drunk. If they’re found guilty that will become the court’s job.”

The reason why this rule changed is in response to an incident that happened in 2007. A driver in Whatcom County who had just been arrested and released returned to her unimpounded vehicle, drove before sobering up. She ended up causing a horrible crash that left one person seriously injured. That person turned around and sued Whatcom County and the State Patrol resulting in a nearly $5 million judgment.

Seattle DUI Victims AttorneysBut the suit exposed a real Catch 22 for law enforcement in Washington. For years police have been unable to stop DUI suspects from turning around and drinking and driving, sometimes within hours of being caught. It’s hard to believe, but it happens. Many jurisdictions around Washington lack jail space to hold DUI suspects. After processing, arrested persons are typically released to a responsible adult or allowed to take a taxi home.

The officers would want to take the extra step of impounding their vehicles, but the courts wouldn’t allow impounds without officers considering alternatives or having the driver’s permission, since a car is someone’s personal property and impounding their car may be construed as illegal seizure.

“It was the classic case of being between a rock and a hard place,” Batiste said told KOMO News. “We had someone whose judgment we knew was impaired, but we couldn’t lock them up, and we couldn’t secure their vehicle.”

DUI Impound Rules for Washington State

In anticipation of the many unique situations in which suspects are arrested for DUI, legislators have taken into account the needs of employers and individuals as “alternative owners” of those vehicles. As nearly 40,000 impaired drivers are arrested every year in Washington state, this law could disrupt the lives of many innocent victims of the DUI driver’s screw up. But there are three exceptions that would allow someone to reclaim the car prior to the end of the 12-hour wait period.

The three exceptions are:

• If the vehicle is owned by a business other than that owned by the DUI suspect.

• Registered co-owner may go and claim the vehicle.

• Commercial or farm transport vehicles reclaimed by a legal owner who is not the arrested suspect are the only types that can be released at the site of the arrest.

Other Changes to Washington State DUI Laws In 2011

Washington State legislature House Bill 1789, sponsored by Representatives Goodman, Pedersen, Roberts, and Miloscia was signed into law by Gov. Gregoir in May of this year. It tightened up the rules and made things considerably more expensive. It also takes habitual offenders (felony DUI) to task, something that advocates such as Mothers Against Drunk Driving (MADD) have been pushing for, for years.

What is a Felony DUI?

“It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if: (a) The person has four or more prior offenses within ten years as defined in RCW46.61.5055; or (b) the person has ever previously been convicted of (i) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), (ii) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or (iii) an out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection.”

Broadening the rules for felony DUI:

Habitual Offenders - Under the bill, felony DUI has no statute of limitations. “Once you’re a felony DUI, you’re always a felony DUI,” said King County deputy prosecutor Amy Freedheim.

Expanding Prior Offenses – The suspect’s overall driving record will be taken into consideration during hearings and sentencing. This will paint a picture of their attitude toward driving and determine whether they are responsible enough to operate a vehicle. Things that the court will consider include all vehicular assault or vehicular homicide convictions involving DUI.

Sentences – The bill will require any sentencing enhancement for DUI vehicular homicide to be served in full. This means no “good behavior” releases.

Ignition Interlock Device - A person convicted of alcohol-related reckless driving or first-degree negligent driving is required to pay to install an ignition interlock device, under certain circumstances. An ignition interlock device prevents a vehicle from starting if alcohol is detected. The driver must blow into the device, which measures the breath-alcohol content. The driver can start the vehicle only if the reading is under 0.025.

Seattle DUI Victims Lawyers

These laws are implemented because they protect the larger public. DUI is not a victimless crime, in fact, it is an epidemic that many legislators and safety advocates recognize as amongst one of the top concerns across the country. We welcome this revision in order to honor the thousands of innocent victims that have been personally injured or wrongfully killed due to DUI.

If you or someone you know have sustained serious personal injuries as a victim of a negligent driving accident then you need experienced counsel to protect your interests with the insurance companies and health care providers. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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How Often Do People Drive On Drugs?

auto accident attorney, Auto Accidents, DUI, DUI accident, personal injury, Seattle car accident attorney, Seattle Car Accident Lawyers

July 8th, 2011: Law Blogger

Seattle DUI Victim's lawyerYou probably haven’t been driving for very long if you’ve never suspected another driver around you of being drunk. They swerve, leave their blinkers on, drift in their lane, take wide turns, and generally drive like they’re, well, “on something.” That behavior is very easy to spot, but when someone is actually on something other than alcohol, their behavior is very different and may not be as demonstrative.

Currently only 19 states have laws prohibiting any amount of drugs while operating a vehicle, according to the Governors Highway Safety Association. The laws in Washington State for driving under the influence (DUI) are pretty explicit. According to RCW 46.61.502:

(1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:

(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506; or

(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or

(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

But the problem is identifying the people driving under the influence of specifically drugs. The reason for this is that each drug has a unique effect on the user and thus has a unique effect on the way they drive. Also, some prescription drug users may not even know that it is illegal to drive on the drug on which they are driving because the drug is legal. Yet, so is alcohol.

“Unlike data for drunken driving, data on drugged driving are limited,” says Robert DuPont, former head of the National Institute on Drug Abuse. “There’s still an inadequate appreciation of drugged driving separate from the alcohol problem.”

Types of Drug Tests

Alcohol has many field sobriety tests that police officers can put the driver through to test their intoxication. There was period of time recently in Washington State that breathalyzer tests were not allowed due to the integrity of the state testing lab. But drugs are much harder to detect even during a routine traffic stop. Generally the only way to know if someone is under the influence of any drug other than alcohol is to test them one of three ways.

Blood Test – These types of tests are considered to be the most accurate way of telling if a person is intoxicated. Blood drug tests are not used very often because they need specialized equipment and medically trained administers. These factors make it a more costly testing method.

Hair Follicle Test – “Hair analysis” is a very accurate way to test if someone is on drugs or has taken drugs very recently. Unlike blood tests, it gives a fairly accurate timeline of when the drugs were taken.

Urinalysis – This accurate test shows how much of the substance is in person’s system at any given time. Some law enforcement agencies have begun to use a portable system that give an instantaneous reading, yet the accuracy is still in dispute.

Saliva Test – Much like the urinalysis, this test also has a field version that may not be construed as completely accurate, but enough to gauge whether a driver is under the influence of a foreign substance.

Drug Use and Fatal Crashes

In a 2011 study conducted by the Pacific Institute for Research and Evaluation in Calverton, Md, co-authors Eduardo Romano and Robert Voas say drivers who die in crashes test positive for drugs 25% of the time. This is a surprising revelation that may potentially have a ripple effect on DUI legislation in Washington State.

Romano, Voas, and their colleagues examined data on more than 44,000 drivers in single-vehicle crashes who died between 1999 and 2009. They found that 24.9% tested positive for drugs and 37% had blood-alcohol levels in excess of 0.08, the legal limit. Fifty-eight percent had no alcohol in their systems; 5% had less than 0.08. The data were from a government database on traffic fatalities.

What’s unique about this study is that it is one of the first to show the prevalence of drug use among fatally injured drivers. Among drivers who tested positive for drugs, 22% were positive for marijuana, 22% for stimulants and 9% for narcotics. The study also examined interaction between alcohol and drugs in fatal crashes. Researchers found no evidence that combining drugs and alcohol produced greater impairment.

“When a driver is drunk, it doesn’t matter what drugs are in their system. The alcohol takes over,” Romano says.

Testing Positive

Seattle DUI Victims AttorneyThis is not the first time this issue has come to the forefront. In perhaps the most extensive research to date, the 2007 U.S. National Roadside Survey, researchers from the National Highway Traffic Safety Administration (NHTSA) and two other institutions set out to randomly sample drivers’ sobriety.

With the aid of local law enforcement, researchers and authorities stopped drivers at 300 locations in 48 states during four periods on Friday and Saturday nights. At 60 of the locations, drivers were stopped during a day-time period. Blood samples were obtained from 3,276 drivers and saliva samples from 7,719. The samples were used to detect the presence of 75 different drugs.

For daytime drivers the numbers were lower than at night. Based on saliva tests, 11% of day-time drivers were positive for drug use and 6% tested positive for illegal substances. In contrast, 14.4% of nighttime drivers tested positive for drugs and 10% tested positive for illegal drugs. Not surprisingly, alcohol was found more than any other drug, with marijuana coming in second.

Further, anti-medical marijuana legalization advocates gained some fuel from this study by comparing another similar study conducted in California. By comparing data, it was found that states that have legalized medical marijuana showed slightly higher rates of drivers under the influence of the drug.

In the California study, 819 California drivers supplied saliva samples, which showed 8% of them were positive for marijuana. Most of the people who said they had medical-marijuana permits tested positive. More drivers with permits tested positive for marijuana than drivers without permits.

Seattle DUI Victims Lawyers

The next phase of the National Roadside Survey will look at the extent to which drug use is related to crashes. It is wise to find out the impact of drug use on driving as states adjust their marijuana policies, including Washington State. Though we neither condemn nor condone the use of medical marijuana or any other legal medication, we do not support driving under the influence of that substance.

If you or someone you know have sustained serious personal injuries as a victim of a negligent driving accident then you need experienced counsel to protect your interests with the insurance companies and health care providers. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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