Recent Posts in DUI Category

At Garvey Law Offices, we handle a myriad of DUI & DUI Physical Control cases each year.  AS DUI's come in all different shapes & sizes so to speak, we are constantly working to better understand DUI law & how to best protect our client's freedom's & driving privileges.  In that vein, we try to pass on this knowledge to you our clients & prospective clients in the hopes that you can learn more about what we do & hopefully learn ways to protect yourselves, your family & your friends from legal entanglements.

A little known legal exception or better yet "get out of jail free card" to the DUI & Physical Control Laws is a defense called "safely off the roadway".  This exception to Washington law seemingly came into effect in a 1981 Washington State Supreme Court case called State v. Day, 96 Wn.2d 646.  In that case, Justice Dimmick writing for the majority basically stated that once a driver no longer posed a threat to public safety, that it would be an unreasonable exercise of police power to arrest such a person.  Later Courts continued to agree with this logic & now the exception is found directly in the DUI law itself, under RCW 46.51.504(2), which states "No person may be convicted under [the physical control statute] if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway."

Over the years, the Courts have determined that there is a great public policy interest in keeping intoxicated people from getting OR remaining behind the wheel of an automobile.  Thus, the "safely off the roadway" exception affords a drunk driver the opportunity to halt committing the crime of DUI or Physical Control by removing their vehicle safely off the roadway & removing themselves from a position to control or operate the vehicle.

If you or someone you know has a DUI or Physical Control with similar facts, contact Garvey Law Offices for a free case evaluation.  We fight to win.