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Physical Control of a Vehicle & DUI Defense in Spokane, Washington

Physical Control and DUI in Washington State. What is the difference between a charge of Physical Control of Vehicle and DUI in Washington state? The State needs to prove that you were driving while impaired in a DUI case. However, the Prosecutor does not need to prove you were driving or even behind the wheel in a Physical Control case. Although in either case the Prosecutor has to prove you are impaired by alcohol and/or drugs, he only has to show that you were in control of the vehicle. Depending on the circumstances, that can mean being outside the vehicle with the keys in your hand while you are impaired. Additionally, a criminal defense attorney will explain that even if you have not reached the statutory ,08 BAC level, you can still be convicted of DUI- provided that the Prosecutor can convince the judge or jury that you are impaired.

 

Results of BAC Tests. Even with a low BAC or no breath test, the officer will describe your condition with details that may help to convict you. Law Enforcement Officers are trained to testify in a manner that is most likely to convince a judge or a jury that you were driving while impaired. If there is .08 BAC, the court will instruct the jury to presume you were impaired and the defense attorney now has to show that the Breathalyzer machine was not functioning properly or that the test was not administered according to proper procedures.

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Washington State Firearms Attorney In Spokane

Several years ago, we were in Federal Way, Washington. Our law practice focused on firearms related issues in Washington state. The concept of a firearms attorney in Washington state was fairly new. The Federal Way Mirror asked me to write a column in the local newspaper. The Mirror published Firearms lawyer column for four years. The column was about local law enforcement and current legal issues of concern to gun owners. We also wrote about firearms training and why seeing more of our neighbors trained and carrying guns is a good thing for public safety, families and neighborhoods.

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Washington State Firearms Attorney. We have been in business for almost 30 years. Our firm focuses on firearms rights- our primary focus for over 12 years. The Law Office of Mark Knapp PLLC has been operating in the Spokane area for five years. We handle most criminal defense cases, including domestic violence cases, and restore gun rights across the state of Washington. Many states restore the right to possess by expunging the record of conviction.

We can represent you to vacate a conviction. Vacating a conviction, however, only makes your conviction unavailable to the public via your Washington State Patrol WATCH criminal history. To get your gun rights restored, we will need to file a Petition to Restore the Right to Possess Firearms. The Petition is the way we will normally proceed if your felony or domestic violence conviction is in Washington state.

We cannot help with federal convictions because the process for dealing with federal convictions has never been funded by Congress. You should talk to an attorney in the state where your conviction was entered if your conviction was entered in another state.

 

Please call (253) 202-2081 or (509) 237-5464 for a confidential phone consultation regarding any question.

 

The Action Training Group

Church safety has become a huge issue across the United States. Many training programs and support operations have sprung up offering training and information for security teams.  The development of armed church safety teams and the relatively new industry  that has grown up to equip and train church teams is part of a massive move toward professional firearms training for gun owners that offers everything from rudimentary gun safety classes up to intensive tactical sessions for armed citizens which are also attended by SWAT teams.

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Criminal Defense Lawyers, Law Enforcement & Use of Force Expert at Cabela’s in Post Falls

On December 1st at Cabela’s in Post Falls, Idaho, we had David Howlett open up our thinking to how SIRT laser technology makes force-on-force Reality Based Training simple and effective.  We now have a link to Next Level Training at which you can purchase a SIRT pistol with a 10% discount and a commission that supports the Action Training Group.  Get the Pro Model with the red & green lasers.

Bob Smith was back. Bob  discussed lethal force issues.  We received overwhelming feedback regarding both of the excellent speakers that night.  Chuck Delgado spoke at our October 20th Action Training Group’s monthly  membership meeting along with the criminal defense lawyers from the Gerlach self-defense trial. The defendant, Gail Gerlach, who was acquitted of manslaughter charges at the Spokane County trial, was also present at our meeting.

One of the themes of the meeting was the impact of the news media before, during and after a self-defense shooting trial in which an armed citizen is accused of unjustified or reckless use of force.  Gail Gerlach’s criminal defense team, Bob Smith, an expert witness on use of force at the Gerlach trial and defense attorney, Mark Knapp, joined in the discussion with Chuck regarding how Chuck shot and killed an unarmed attacker when he was a Spokane County Sheriff’s Deputy in 1971.  Chuck was neither charged nor disciplined because the use of force was justified.  Nevertheless, the shooting was contrary to use of force procedures in place in the Spokane County Sheriff’s Office 1971.  He is writing a book about the experience. The following is an After Action Report Mr. Delgado shared with us concerning our October 20th meeting of the Action Training Group at Cabela’s last Friday. Read more