Practice Areas and Legal Definitions

Driving with a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor punishable by substantial fines and up to a year in jail. Under some circumstances, with a conviction, the license will be suspended for an additional time frame. Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs.

Reckless Driving:
Reckless driving is operating a vehicle with willful or wanton disregard for the safety of others or the property of others. It generally involves drastic misconduct on the road, such as driving on the wrong side of the road or driving at dangerously high speeds. It is charged as a gross misdemeanor, punishable by a fine of up to $5,000 and a local jail sentence of up to one year. It results in a driver's license suspension or revocation, and it very often results in the cancellation of insurance. Automobile insurance companies know that people who drive “recklessly” are more likely than others to get in traffic accidents. Also, “reckless driving” convictions are commonly seen as part of a plea bargain in which an initial DUI charge is “reduced” to reckless driving.

Hit and Run Driving:
Hit and Run Driving is a serious offense that involves leaving the scene of an accident without first stopping and identifying oneself to the other driver or drivers. It is, at minimum, a serious misdemeanor punishable by jail time and a high fine. If someone is injured or killed in the accident, hit and run driving is charged as a felony that can result in a state prison sentence. In either case the charge has nothing to do with who was at fault in the accident. Apart from the other penalties, hit and run driving can result in long-term driver's license suspension or, in some cases, actual license revocation.

Driving Under the Influence (DUI):
DUI stands for Driving Under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, it typically results in higher insurance premiums and an offender may become ineligible for credit.

Driving Under the Influence – Vehicular Homicide:
Vehicular Homicide is the criminal charge for unlawfully killing someone with a vehicle, either deliberately and intentionally or recklessly with extreme disregard for human life. In Washington, when someone is driving under the influence causes an accident in which someone is killed the driver will also be charged with Vehicular Homicide if the circumstances are particularly aggravated.

Driving Under the Influence – Vehicular Assault:
Vehicular Assault is the criminal charge for unlawfully injuring someone with a vehicle, either deliberately and intentionally or recklessly with extreme disregard for human life. In Washington, when someone is driving under the influence causes an accident in which someone is injured the driver will also be charged with Vehicular Assault if the circumstances are particularly aggravated.

Driving Under the Influence with Prior Convictions:
In all 50 states, repeat DUI offenders face progressively stiffer penalties. In Washington, the fifth offense within ten years or having a previous Vehicular Assault/Homicide conviction may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions.

Driving Under the Influence of Drugs or Prescription Medications:
Most people know that it is illegal to drive under the influence of illegal drugs, but many believe they can avoid a conviction for DUI by producing a prescription for the drug in question. This is not true.  A DUI (drugs) charge has nothing to do with whether or not possession of  the drug was lawful. The legal issue in any DUI case is whether, as the result of "impairment," the driver has lost the ability to drive safely. It is just as unlawful to drive under the influence of a properly prescribed medication as it is to drive after drinking too much alcohol.

Contests of Speed (Drag Racing):
In Washington, engaging in contests of speed (racing) is a gross misdemeanor punishable as a reckless driving conviction by local jail time and a fine. It will also trigger license suspension or revocation by the Department of Motor Vehicles or other state licensing agency. It is also fairly certain to result in cancellation of automobile insurance. Repeat offenders usually face escalating penalties.

Other Traffic Crimes:
Every state has its own set of laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations. Many states have “point” systems to track individual driving records and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many “points.” The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.

Administrative License Suspension Hearings:
Washington state provides provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a hearing is not requested within the time provided by law the right to a hearing is waived, and the suspension goes into effect automatically. In some cases the time for requesting a hearing is very short, and the scope of the hearing is usually very narrow and highly technical, from a legal standpoint. Self-representation at a suspension hearing is rarely successful. The different types of administrative suspension include:

• Medical/Drug Suspension
  Some medical conditions require administrative driver's license suspension. These include certain diseases involving seizures, blackouts, fainting spells, serious physical coordination problems, some mental disorders and loss of vision. The defense to this type of suspension usually involves the submission of written reports from health care providers and other experts.
• Drunk Driving Suspension Based on BAC
  If a defendant’s chemical test shows a BAC of .08% or more most states impose a 30 to 90 day suspension. This varies from state to state and may be longer than that. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.
• Drunk Driving Suspension Based on Test Refusal
  Where the defendant refuses to submit to a chemical test Washington state provides for a license suspension for a minimum a year, but in at least one state the term is three years. The refusal suspension is not affected by the outcome of a DUI trial. If there is a refusal suspension it remains in place even if the defendant is adjudged “not guilty.” At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.

If you or someone you know in Washington State needs the assistance of an experienced Seattle DUI Lawyer, call Attorney George Bianchi today at 866-751-1042, or complete the contact form provided on this site to schedule your free consultation.

If you or someone you know in Washington State needs the assistance of an experienced Seattle DUI Lawyer, call Attorney George Bianchi today at 866-751-1042, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
The Bianchi Law Firm
605 Thomas
Seattle, WA 98109
Telephone: 866-751-1042
Fax: 206-728-9305


George L Bianchi

• Graduate of Gonzaga Law School, May 19, 1981
• Admitted to practice law in the State of Washington on May 7, 1982
• Admitted to practice law in the United States Western District Court on November 12, 1982
• King County Deputy Prosecutor in the State of Washington from May 1982 to April 1985
• April 1985 to present: Private practitioner with The Bianchi Law Firm

Memberships

• National Association of Criminal Defense Lawyers (NACDL)
• Washington State Association for Justice (WSAJ) [Formerly Washington State Trial Lawyers Association (WSTLA)]
• Washington Association of Criminal Defense Lawyers (WACDL)
• Washington Foundation for Criminal Justice (WFCJ)
• National College for DUI Defense, Founding Member (NCDD
• Association of Trial Lawyers of America (ATLA)

Positions Currently Held

• Regent to the National College for DUI Defense (NCDD)
• Assistant Dean and Parliamentarian to the National College for DUI Defense (NCDD)
• President of the Washington Foundation for Criminal Justice (WFCJ)

Lectures and Presentations

• 1985 to present: Every year has participated in the organization of the annual Defending DUIs Seminar sponsored by the Washington Foundation for Criminal Justice (WFCJ) in Seattle, Washington. In addition, has been a presenter at least 18 times.
• 2000 to present: In the capacity as Regent to the National College for DUI Defense (NCDD) has participated in breakouts groups and/or lectured at each annual Summer Session CLE program conducted at the Harvard Law School Facilities in Cambridge, Massachusetts.
• November 12-13, 2009: Presenter at Stuart Kinard Memorial Advanced DWI Seminar, Ridin’ the Herd with Pretrial Motions in San Antonio Texas.
• October 8-9, 2009: Presenter at NACDL/NCDD’s 13th Annual DUI Seminar, Legal Writing for Motions & Jury Instructions in Las Vegas, Nevada.
• December 5, 2008: Presenter at Magical Mystery Motions Seminar sponsored by Washington Association of Criminal Defense Lawyers (WACDL) in Seattle, Washington.
• November 2007: Presenter at the Kansas Criminal Defense Bar DUI Seminar in Wichita, Kansas.
• March 30 thru April 1, 2006: Presenter at Mastering Scientific Evidence in DUI/DWI Cases, Sponsored by The Texas Criminal Defense Lawyers Association (TCDLA) and the National College for DUI Defense (NCDD) in Dallas, Texas.
• January 2004: Presenter at the National College for DUI Defense (NCDD) Winter Session CLE Program in San Diego, California
• October 2004: Presenter at NACDL/NCDD DUI Seminar, Presenting a Gold Medal Defense in Las Vegas, Nevada.
• October 2002: Presenter at the Northwest Academy for DUI Defense DUI Boot Camp: Mastering Pre-Trial Motions in DUI Cases in Seattle Washington.
• October 2001: Presenter at the Northwest Academy for DUI Defense DUI Boot Camp: Field Sobriety Testing in Seattle, Washington.
• January 2001: Presenter at the National College for DUI Defense (NCDD) Winter Session CLE Program in Kauai, Hawaii.
• 1999: Presenter at the National College for DUI Defense (NCDD) Summer Session CLE Program located at the Harvard Law School Facilities in Cambridge, Massachusetts.
• August 14-16, 1995: Trainer at the DUI Defense Skills Certificate Program sponsored by the University of Washington Law School Foundation in Seattle, Washington.
• April 22 thru 24, 1994: Presenter at “Celebrating A Decade of Defense” sponsored by the Washington Defender Association (WDA) and the Criminal Justice Training Commission (CJTC).

Accomplishments

• AV Rating from Martindale-Hubbell since July 2, 1999
• February 16, 1991: Named a DWI specialist by the Minnesota Society for Criminal Justice
• 2000 to present: Annually named Super Lawyer by Washington Law and Politics