by Brett Nagle
Everett, Washington local DUI/DWI information:
If you are arrested for DUI in Everett, one of three potential courts awaits you:
Everett District Court
aka Snohomish County District Court, Everett Division
3000 Rockefeller Avenue
Everett, WA 98201
Snohomish County Sheriff Deputies and Washington State Patrol Troopers who arrest people for DUI in Everett refer their cases to the Snohomish County Prosecutor for review. As a former Snohomish County Deputy Prosecutor, I personally reviewed hundreds of such cases and decided whether to charge DUI, or some other crime. At this point in the game, your “case” consists of police reports typed up by the arresting trooper or deputy. These reports usually take the form of a Washington State Patrol DUI Arrest Report, which is a standard form Snohomish County Deputies and Troopers carry copies of in their patrol cars. The Snohomish County troopers and deputies will fill in the blanks, indicating their observations of your driving and face to face observations. The deputy or trooper will attach a copy f the BAC datamaster ticket, indicating your breath test results – or a refusal. Typically, it takes 3-4 weeks for a prosecutor to review these reports and decide whether to charge you with DUI and/or something else. In the past, this delay has stretched to six months or even a year depending on the prosecutor’s caseload.
It is important to realize that this delay does not mean that you should delay in speaking with and hiring a good Everett DUI/DWI defense attorney. There are two critical reasons why you should not delay in contacting a DUI lawyer: (1) evidence may be lost by the time the state charges you a month or two after your arrest; and (2) you only have 20 days to request an administrative hearing through DOL. If you do not request a hearing, DOL will take your license without a hearing. The potentially lost evidence often helps us prevail in trial or negotiation. A good example of this evidence is video recordings from the dashboard mounted cameras installed on Washington State Patrol Troopers cars. Not all WSP cruisers have cameras installed, but the new Target Zero cars patrolling the bars and taverns along Evergreen Way in South Everett are equipped with cameras. Delaying in hiring a good Everett DUI defense lawyer could mean these recordings (which may show you were not as drunk as described in the trooper’s report) are gone forever. A qualified Everett DUI Attorney can file a public records request through WSP and usually have a copy of the video within a week or two.
Once a Snohomish County Deputy Prosecutor decides to charge you with DUI, they will file your case with Everett District Court (address above), which is on the third floor of the Snohomish County Courthouse in Everett, Washington. You will receive a summons from the court to appear for arraignment, along with a copy of a criminal complaint charging you with DUI in Snohomish County District Court, Everett Division. You will need to hire a qualified Everett DUI defense attorney prior to – or shortly after – arraignment. Your attorney will advise you of where to go from there.
Everett Municipal Court
3028 Wetmore Ave
Everett, WA 98201-4018
If you were arrested for DUI/DWI by an Everett Police Officer in Everett (extending from the trestle in north everett to the south border with mill creek), your case will be automatically cited into Everett Municipal Court. If you are not held in jail following your arrest, you will receive notice to appear in Everett Municipal Court the next day following your arrest for arraignment. It is imperative that you meet with an experienced Everett DUI attorney before or immediately after this arraignment date. At this date, the judge will set conditions on your release, possibly including and alcohol-detecting ankle bracelet, installation of an ignition interlock device, or even set bail and order you held in jail until the case is resolved. I would prefer to be present at this court date, alongside my client, when the court decides whether to order these conditions.
Snohomish County Superior Court
3000 Rockefeller Avenue
Everett, WA 98201
The third and most serious possibility for someone arrested for DWI/DUI in Everett is referral into Snohomish County Superior Court. Superior Court in Everett handles felonies. An example of a felony arising from a DUI arrest is vehicular assault or vehicular manslaughter. If you injured or killed someone while driving under the influence in Everett, you probably earned a ticket to superior court in Everett. Another example occurs if you have multiple prior DUI convictions and the state is going to pursue a felony DUI. If you are held in Snohomish County Jail following your arrest, the state has 72 hours to file an affidavit of probable cause telling the judge why you should be held on the charge. If you are released, the state has years (statute of limitations) to decide whether to charge you with a felony. If this information applies to you or a loved one, turn away from the computer and call an experienced Everett DUI lawyer right away. Before ending my career as a prosecutor in Snohomish County, I handled hundreds of felony cases in Everett’s Snohomish County Superior Court. If this information applies to you, we have a lot of work to do.
Prior offenses and ignition interlock:
If you have been arrested for DUI and your record shows a “prior offense,” judges in Washington must require you to install ignition interlock on any vehicle you drive. A “prior offense” is any charge that was originally charged as DUI, even if that charge was reduced to reckless or negligent driving. This condition will be ordered as a condition of your release at arraignment, which is typically your first appearance in court. Other mandatory conditions of release also apply. Whether or not you have a prior offense, you should consult an attorney prior to arraignment so you can be prepared to address conditions of release.