Publications and Articles by Burg Criminal Defense
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Below are some of the articles we have published on DUI law, and read through the latest press clippings about Geoff and Patty's work.
A Week in Botswana
Trial Advocacy Training Brought Abroad
New DUI Laws - 2012
Vehicular homicide penalties, license suspension, accountability of persons who drive impaired and more.
Criminal Traffic for Beginners.
Getting Started in Criminal Defense, WACDL CLE, September 2012.
Ignition Interlock Licenses and Ignition Interlock Devices.
Describes Washington law relating to Ignition Interlock Licenses and Ignition Interlock Devices, June 2012.
Outgunned But Never Outwitted: DUI/DOL Defense,
WACDL Battle Plans for Misdemeanor Practice CLE, March 2012.
Impaired Driving Legislation Update -- 2012.
Article discussing the changes to impaired driving related laws from the 2011-2012 Washington state legislative session. Published in Washington Defense Magazine, May 2012.
- Impaired Driving Legislation Update -- 2011. Article discussing the changes to impaired driving related laws from the 2011 - 2012 Washington state legislative session. Published in Washington Defense Magazine, August 2011.
Ignition Interlock Licenses and Ignition Interlock Devices. ACA CLE
IILs and IIDs, CLE at Associated Counsel for Accused, March 2011
- Ignition Interlock Licenses and Ignition Interlock Devices, New Law Brings Benefits (Mostly),Washington Defense Magazine, May 2010.
Affidavits of Prejudice -
New legislation effective July 1, 2008, amends RCW 3.34.110 and clarifies what is considered a discretionary ruling.
Seattle Municipal Court DUI Guide -
Attorneys Helping those accused of Seattle DUIs
This article is meant to help people who have been accused of a Seattle DUI and will be in Seattle Municipal Court. May 2008.
2008 DUI Legislative Update - Ignition Interlock License -
What Has the World Come To? A DUI Law That Helps the Accused.
This article updates information on the passage of HB 3254 and the "Ignition Interlock License", or "IIL". Published in Washington Association of Criminal Defense Lawyers - DUI Update, May 2008.
Felony DUI Law and 2006 Legislative Update -
A felony DUI bill has been passed into law by the 2006 legislature. This article outlines this new felony DUI law and other issues that are on the Washington State DUI horizon. Published in Washington Criminal Defense, May 2006, Volume 20, No. 2.
Traveling to Canada with Washington DUIs.
Published in Washington Association of Criminal Defense Lawyers - DUI Update, January 2007.
- Consequences of DUI Arrests for Washington Commercial Drivers - Loss of CDLs for Arrests While Driving Non-commercial Vehicles. Published in Washington Association of Criminal Defense Lawyers - DUI Update, August 2006.
When Prior Doesn't Count For DUI Sentencing? -
Washington Association of Criminal Defense Lawyers - DUI Update, April 2006. RCW 46.61.5055
DUI Changes: A Boost for Deferred Prosecutions. -
This article outlines the 2005 DUI Deferred Prosecution law changes in Washington State. Published in Washington Criminal Defense August 2005, Volume 19, No. 3.
Checklisting Your Way To An Acquittal. -
An inside look at how DUI Defense Attorneys can prepare for suppression or acquittal. From Geoff Burg's presentation at the 2005 Washington Foundation for Criminal Justice's 21st annual"Defending DUIs" Seminar.
DUI Legislative Update -The New ABCs of BACs, IIDs-
This article outlines the 2004 Washington State DUI law changes. Published in Washington Criminal Defense May 2004, Volume 18, No. 2.
The DOL Labyrinth: Basic Questions - Complicated Answers -
This article provides many answers about common DOL questions. Published in Washington Criminal Defense February 2004, Volume 18, No. 1.
State Patrol Violates Breath-Alcohol Testing Rules -
This article outlines the argument that Geoff used to suppress thousands of BAC test results. Published in Trial News October 2002, Volume 38, No. 2.
Judge, Jury and Executioner: The DOL and due process in administrative hearings under the implied consent law -
This article describes some of the problems with the DOL procedure. Published in Washington Criminal Defense November 2001
Current DUI Law Updates
"Washington's Impaired Driving Laws: Complexities And Challenges"
Report for the Washington Traffic Safety Commission
Richard D. Van Wagenen - October 2006
In 2004, an independent assessment of Washington's efforts to reduce impaired driving found that our laws were unnecessarily complex and there was too much local variation in enforcement and the courts. The assessment team also identified specific concerns relating to the "zero tolerance" law for minors, absence of sobriety checkpoints, use of portable breath testing devices, admissibility of breath test results, use of blood tests as an alternative to breath tests, paperwork involved in arrests, deferrals of prosecution, the non-felony status of impaired driving, and the effect of liability risk on probation systems.
This report examines in more detail the concerns identified by the assessment team and others. It is based on review of our laws, interviews with those who participated in the assessment as well as other stakeholders, and observations.
Click Here to read the Report for the Washington Traffic Safety Commission by Richard D. Van Wagenen.(Word Document)
"Deferred Prosecution of DUI Cases in Washington State: Evaluating the Impact on Recidivism"
Washington State Institute for Public Policy - August 2007
In 1975, the Washington State Legislature established a deferred prosecution option for offenders arrested for driving under the influence of alcohol and/or impairing drugs (DUI).1 This option was intended to encourage individuals to seek appropriate treatment.
In 1998, the legislature modified the DUI statutes. Among other changes, the length of deferred prosecution supervision was increased from two to five years and defendants were restricted to one deferred prosecution per lifetime.
Read the full report: