Driving Offenses

Attempting to Elude Police Vehicle
Vehicular Homicide
Vehicular Assault
Felony Hit and Run (Death or Injury)
Hit and Run
Taking a Motor Vehicle in the First Degree
Taking a Motor Vehicle in the Second Degree

Attempting to Elude Police Vehicle - RCW 46.61.024.

Any driver of a motor vehicle who willfully fails or refuses to immediately bring his or her vehicle to a stop and who drives his or her vehicle in a reckless manner while attempting to elude a pursuing police vehicle, after being given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a class C felony.

The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such a signal shall be in uniform and the vehicle shall be equipped with lights and sirens.
It is an affirmative defense to this section which must be established by a preponderance of the evidence that:
- A reasonable person would not believe that the signal to stop was given by a police officer; and
- The driving after the signal to stop was reasonable under the circumstances.
The license or permit to drive or any nonresident driving privilege of a person convicted of a violation of this section shall be revoked by the department of licensing.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Attempt to Elude Police Vehicle:

An offender score of zero establishes a range of 0 to 2 months in jail.
An offender score of nine establishes a range of 22 to 29 months in prison.

A first offense Firearm Enhancement would add 18 months on to the end of a standard range sentence.

A first offense Deadly Weapon enhancement would add 6 months on to the end of a standard range sentence.

Vehicular Homicide

When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
- While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or
- In a reckless manner; or
- With disregard for the safety of others.
Vehicular homicide is a class A felony punishable under chapter 9A.20 RCW, except that, for a conviction under subsection (1)(a) of this section, an additional two years shall be added to the sentence for each prior offense as defined in RCW 46.61.5055

To operate a motor vehicle in a “RECKLESS MANNER” means to drive in a rash or heedless manner, indifferent to the consequences.

“DISREGARD FOR THE SAFETY OF OTHERS” means an aggravated kind of negligence or carelessness, falling short of recklessness but constituting a more serious dereliction than ordinary negligence. Ordinary negligence is the failure to exercise ordinary care. Ordinary negligence is the doing of some act which a reasonably careful person would not do under the same or similar circumstances or the failure to do something which a reasonably careful person would have done under the same or similar circumstances. Ordinary negligence in operating a motor vehicle does not render a person guilty of vehicular homicide.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Vehicular Homicide – DUI prong:

An offender score of zero establishes a range of 31 to 41 months in prison.
An offender score of nine establishes a range of 129 to 171 months in prison.

For a conviction of Vehicular Homicide – Reckless Disregard prong:

An offender score of zero establishes a range of 15 to 20 months in prison.
An offender score of nine establishes a range of 87 to 116 months in prison.

Vehicular Assault - RCW 46.61.522.

A person is guilty of vehicular assault if he or she operates or drives any vehicle
- a. In a reckless manner and causes substantial bodily harm to another; or
- b. While under the influence of intoxicating liquor or any drug and causes substantial bodily harm to another; or
- c. With disregard for the safety of others and causes substantial bodily harm to another.
Vehicular assault is a class B felony.

"SUBSTANTIAL BODILY HARM" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part.

To operate a motor vehicle in a “RECKLESS MANNER” means to drive in a rash or heedless manner, indifferent to the consequences.

“DISREGARD FOR THE SAFETY OF OTHERS” means an aggravated kind of negligence or carelessness, falling short of recklessness but constituting a more serious dereliction than ordinary negligence. Ordinary negligence is the failure to exercise ordinary care. Ordinary negligence is the doing of some act which a reasonably careful person would not do under the same or similar circumstances or the failure to do something which a reasonably careful person would have done under the same or similar circumstances. Ordinary negligence in operating a motor vehicle does not render a person guilty of vehicular assault.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Vehicular Assault – DUI prong:

An offender score of zero establishes a range of 3 to 9 months in jail.
An offender score of nine establishes a range of 63 to 84 months in prison.

For a conviction of Vehicular Homicide –Disregard Safety of Others prong:

An offender score of zero establishes a range of 1 to 3 months in jail.
An offender score of nine establishes a range of 51 to 68 months in prison.

Felony Hit and Run (Injury or Death) - RCW 46.52.020

A driver of any vehicle involved in an accident resulting in the injury to or death of any person or involving striking the body of a deceased person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary.
Unless otherwise provided in subsection (7) of this section the driver of any vehicle involved in an accident resulting in injury to or death of any person, or involving striking the body of a deceased person, or resulting in damage to any vehicle which is driven or attended by any person or damage to other property shall give:
- his or her name,
- address,
- insurance company,
- insurance policy number, and
- vehicle license number and shall exhibit his or her vehicle driver's license
to any person struck or injured or the driver or any occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident.
- a. Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in death is guilty of a class B felony.
- b. Any driver covered by the provisions of subsection (1) of this section failing to stop or comply with any of the requirements of subsection (3) of this section in the case of an accident resulting in injury is guilty of a class C felony.
- d. This subsection shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying with this section.
The license or permit to drive of any person convicted under this section shall be revoked by the department.
If none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (3) of this section, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (1) and (3) of this section insofar as possible on his or her part to be performed, shall forthwith report such accident to the nearest office of the duly authorized police authority and submit thereto the information specified in subsection (3) of this section.

The SENTENCING RANGE for a felony offense is set by the legislature. The range accounts for the person’s criminal history, other current offenses and whether they were on under the supervision of the Department of Corrections. The person’s offender score will determine applicable range.

For a conviction of Hit and Run Resulting in Death prong:

An offender score of zero establishes a range of 31 to 41 months in jail.
An offender score of nine establishes a sentence of 120 months in prison.

For a conviction of Hit and Run Resulting in Injury prong:

An offender score of zero establishes a range of 3 to 9 months in jail.
An offender score of nine establishes a sentence of 60 months in prison.

Misdemeanor Hit and Run (No Injury or Death) - RCW 46.52.020

The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person or damage to other property must move the vehicle as soon as possible off the roadway or freeway main lanes, shoulders, medians, and adjacent areas to a location on an exit ramp shoulder, the frontage road, the nearest suitable cross street, or other suitable location. The driver shall remain at the suitable location until he or she has fulfilled the requirements of subsection (3) of this section. Moving the vehicle in no way affects fault for an accident.
- A law enforcement officer or representative of the department of transportation may cause a motor vehicle, cargo, or debris to be moved from the roadway; and neither the department of transportation representative, nor anyone acting under the direction of the officer or the department of transportation representative is liable for damage to the motor vehicle, cargo, or debris caused by reasonable efforts of removal.
Unless otherwise provided in subsection (7) of this section the driver of any vehicle involved in an accident resulting in injury to or death of any person, or involving striking the body of a deceased person, or resulting in damage to any vehicle which is driven or attended by any person or damage to other property shall give:
- his or her name,
- address,
- insurance company,
- insurance policy number, and
- vehicle license number and shall exhibit his or her vehicle driver's license
to any person struck or injured or the driver or any occupant of, or any person attending, any such vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such accident.
The license or permit to drive of any person convicted under this section shall be revoked by the department.
If none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (3) of this section, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (1) and (3) of this section insofar as possible on his or her part to be performed, shall forthwith report such accident to the nearest office of the duly authorized police authority and submit thereto the information specified in subsection (3) of this section.

Taking Motor Vehicle Without Permission in the First Degree – RCW 9A.56.070.

1. A person is guilty of taking a motor vehicle without permission in the first degree if he or she, without the permission of the owner or person entitled to possession, intentionally takes or drives away an automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion engine, that is the property of another, and he or she:
- Alters the motor vehicle for the purpose of changing its appearance or primary identification, including obscuring, removing, or changing the manufacturer's serial number or the vehicle identification number plates;
- Removes, or participates in the removal of, parts from the motor vehicle with the intent to sell the parts;
- Exports, or attempts to export, the motor vehicle across state lines or out of the United States for profit;
- Intends to sell the motor vehicle; or
- Is engaged in a conspiracy and the central object of the conspiratorial agreement is the theft of motor vehicles for sale to others for profit or is engaged in a conspiracy and has solicited a juvenile to participate in the theft of a motor vehicle.
2. Taking a motor vehicle without permission in the first degree is a class B felony

For a conviction of Taking Motor Vehicle Without Permission in the First Degree:

An offender score of zero establishes a range of 6 to 12 months in jail.
An offender score of nine establishes a range of 72 to 96 months in prison.

A first offense Firearm Enhancement would add 36 months on to the end of a standard range sentence.

A first offense Deadly Weapon enhancement would add 12 months on to the end of a standard range sentence.

Taking Motor Vehicle Without Permission in the Second Degree – RCW 9A.56.075.

A person is guilty of taking a motor vehicle without permission in the second degree if he or she, without the permission of the owner or person entitled to possession, intentionally takes or drives away any automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion engine, that is the property of another, or he or she voluntarily rides in or upon the automobile or motor vehicle with knowledge of the fact that the automobile or motor vehicle was unlawfully taken.
Taking a motor vehicle without permission in the second degree is a class C felony.

For a conviction of Taking Motor Vehicle Without Permission in the Second Degree:

An offender score of zero establishes a range of 0 to 2 months in jail.
An offender score of nine establishes a range of 22 to 29 months in prison.

A first offense Firearm Enhancement would add 18 months on to the end of a standard range sentence.

A first offense Deadly Weapon enhancement would add 6 months on to the end of a standard range sentence.

Tim@LearyDefense.com
206-382-2401
1111 Third Avenue, Suite 2230
Seattle, WA 98101

Homicide

Homicide defense requires an examination of a variety of issues: identity, self defense, alibi, faulty eyewitness witness identification, inadequate investigation and mental defenses.

Assault

The most common issues in assault cases are self defense and victim fabrication. I have had great success uncovering information that is favorable for my clients and all too often overlooked by the police.

Robbery

Robbery cases often involve questions of identity or victim participation. Many wrongful convictions from around the country involve faulty identification procedures that invariably result in misidentifications. In other cases, the victim is less than forthright in what is actually a dispute over money, drugs or property.

Burglary

In burglary cases, the issues often center around identity, proof that the defendant indeed to commit a crime inside the building (if not, it is a criminal trespass) and whether the building was open to the public.

Theft

Theft cases are often document driven cases. Questions include – whether the defendant was the person who took the money or property? Was taking wrongful? Did the defendant have permission?

Malicious Mischief

In malicious mischief cases, can the State prove that the defendant was acting maliciously or was it simply an accident? Other issues often involve questions of identity, the admissibility of the defendant’s statements, and the true cost of the damage.

Arson

Arson cases present all kinds of issues that must be examined: identity, accidental vs. intentional fires, sufficiency of the investigation, intent, admissibility of the defendant’s statements, and identity.

Driving/Motor Vehicle Offenses

Criminal traffic cases can be very complex and technical. The difference between an accident and an alleged criminal act can often be very narrow. The defense must scrutinize the accident reconstruction, the witnesses’ accounts and scientific tests.

Guns

Courts take gun cases very seriously given that they frequently see cases involving gun that end with tragic results. Weapons cases often involve questions of whether the officers conducted a proper search and had a basis to seize the gun.

Domestic Violence

Domestic Violence cases run the gambit – anything from misdemeanor theft to murder. It is simply a designation that is added to a crime. However that designation can have significant consequences for defendants.

Juveniles

All too often kids do things that they and their parents regret. The juvenile justice system is supposed to place an emphasis on rehabilitation over punishment. In addition to all the other applicable defenses, it is important that the court not forget that we are working with a kid and not an adult.

Immigration Consequences

The consequences of a criminal charge, let alone a conviction, can be devastating for noncitizens. Work visas, education visas, tourist visas and the ability to later naturalize can hang in the balance depending the case’s outcome.