Same-Day Last Will & Testament and Power of Attorney Program
In response to COVID-19 and the current State of Emergency, we have reinstated our same-day Last Will & Testament & Power of Attorney program. You can now have your emergency family documents prepared and executed virtually/in person, within just a few hours. At Lustick, Kaiman & Madrone, having a Last Will and Testament, Living Will, […]
Tough penalties for DUI convictions
Having an excellent DUI Defense in Washington more important than ever. Washington’s DUI and vehicular assault and homicide laws are some of the toughest DUI penalties in the country. On March 31, 2016. Washington Governor Jay Inslee signed a bill doubling the maximum fine and prison sentence for a felony-level driving under the influence conviction. […]
Dräger Alcotest 9510: Washingtons DUI Breathalyzer
Washington State’s now uses the Alcotest 9510 for DUI breathalyzer testing. In 2005, the Washington State Patrol wanted to replace its aging fleet of breathalyzer machines. The DataMaster and DataMaster CDM had been in service since 1984. DataMaster manufacturer National Patent Analytical Systems, announced that they would be no longer producing these machines. Washington State […]
DUI Stop: Breathalyzer Test refusal
It may surprise you to learn, there is no law requiring drivers to submit to breathalyzer testing during a DUI traffic stop. However, there are some incidental ramifications from choosing to refuse breathalyzer testing. What Police Need to Make a DUI Arrest Before any breathalyzer testing, there must be a DUI arrest. When police stop […]
Refusal DUI Defense Success
ISSUE: We defended a young Bellingham, WA man on a refusal DUI charge in the Whatcom District Court. My client was stopped by a Washington State Patrol Trooper in downtown Bellingham. The reason, driving 40 miles an hour in a 30 mph zone. The trooper was a brash and forceful person. The trooper alleged in […]
Winning Defense for a refusal DUI case
In a refusal DUI case, a plea bargain isn’t always the best solution. In Whatcom County, refusal DUI cases are difficult to defend in court. The allegation is that the person was driving under the influence refused to take a breath. If convicted of a refusal DUI, individuals can face enhanced penalties including: up to […]
Washington cracks down on distracted driving
Washington police have begun ticketing for distracted driving in early 2018. This law is aimed at reducing the number of drivers who are distracted by their phones. Referred to as “driving under the influence of electronics,” or an “E-DUI.” The new distracted driving law prohibits the driver’s use of any electronic device while on the […]
Reclaimed 2nd Amendment Rights
ISSUE: Adrian Madrone represented a client who had been convicted of a drug-related felony nearly 20 years ago. Hunting provides food for his family. However, his criminal record was preventing him from owning or having access to his firearm. SOLUTION & RESULT: We worked closely with the client to vacate the charge and restore his […]
Student’s future at stake
ISSUE: This past year we represented a 20-year-old WWU student who was charged with DUI and minor in possession of alcohol. Our client was facing mandatory jail time, 5 years of probation, and heavy fines and fees. SOLUTION & RESULT: We pointed out legal and evidentiary problems with the case to the prosecutor, who took […]
Hidden Costs
Our firm has handled thousands of traffic infraction matters where our clients have faced heavy fines, and possibly large increases to their car insurance premiums. The majority of those matters resulted in complete dismissals, and the rest were reductions that saved our clients hundreds of dollars. With a skilled defense team, drivers can seek to […]
Article 15/NJP Dismissed
ISSUE: An Air National Guard Senior Master Sergeant (E-8) facing punishment under Article 15, UCMJ for travel voucher fraud and false official statement SOLUTION & RESULT The NJP was dismissed after a successful pre-findings presentation to the member’s commanding officer. Had the client been found guilty, he could have been reduced in grade and potentially […]
19-Year Career Saved After Positive Drug Test
ISSUE: A Navy Petty Officer (E-6) tested positive for marijuana use at 30 nanograms and was reduced at a Captain’s Mast. He was subsequently processed in an administrative separation action seeking a UOTHC discharge from the Navy. SOLUTION & RESULT At a board hearing, we raised defenses of “innocent ingestion” and presented testimony from a […]
Petty Officer – Full Acquittal After Trial – Navy
ISSUE: A Navy Petty Officer 2nd Class (E-5) was cleared of all charges after a fully litigated four-day long General Court-Martial that included DNA evidence. SOLUTION & RESULT The officer members of the jury full acquitted the client on one count of rape and one count of false official statement.
Naval Aviator – Full Acquittal After Trial
ISSUE: A Naval aviator in the grade of Lieutenant (O-3) was represented in a fully litigated General Court-Martial with officer members on two counts of wrongful sexual assault and one count of conduct unbecoming an officer. The case included DNA evidence and expert witnesses. SOLUTION & RESULT After a three-day trial, client received a full […]
FAA Administrator Grants Reprieve in Pilot Defense Case (2016)
ISSUE: You know you really need some pilot defense when you hear, “Experimental N1234A, when you land, call this phone number…” This is exactly what no pilot wants to hear. It usually means that a sequence of events is about to occur with the Federal Aviation Administration that often brings lots of stress, anxiety, and […]
Pilot Charged with Misdemeanor for Unlawful Landing
ISSUE: A commercial and instrument rated pilot was charged in U.S. District Court a misdemeanor for making an unlawful landing on a lake in a National Forest Preserve. SOLUTION & RESULT: Before charges were filed, the pilot was surreptitiously interviewed by Forest Service Police. The police saw a YouTube video which the pilot allegedly posted […]
Restoration of Gun Rights
Under Washington law, there is no automatic process to have your firearm rights restored. Sometimes, a court will automatically restore some civil rights after a person completes a felony criminal sentence (for example, the right to vote or serve on a jury). Gun rights are never automatically restored. Even if a person petitions a court […]
Loss of Gun Rights
A person can lose the right to own or possess a firearm in several ways, and there is no easy way to get your firearms rights restored. First, a person convicted of any felony criminal offense loses the right to own or possess a gun. Second, anyone convicted of a misdemeanor crime involving domestic violence […]
Military Law Questions, Answered
Should I hire an attorney to handle veterans benefits for a medical condition and discharge for other than honorable conditions? An administrative separation for mental health reasons usually results in an honorable discharge with qualifying veterans benefits. The discharge can take a while and will sometimes require that you undergo a medical review board and […]
Gun Rights & Records Charges
Loss of Rights A person can lose the right to own or possess a firearm in several ways: A person convicted of any felony criminal offense loses the right to own or possess a gun. Anyone convicted of a misdemeanor crime involving domestic violence loses their gun rights. Anyone involuntarily committed for mental health treatment […]
Traffic Charges
Infractions and Violations Traffic tickets are civil infractions, not criminal offenses punishable only by fines and not jail time. Examples of this could be: Speeding. Running a stop sign. Failing to carry valid insurance. Potential Outcomes May Include: Outcomes can be reduction of the fine, reduction of to a non-moving violation to avoid adverse insurance […]
Military Charges
Military courts martial are severe sanctions under the UCMJ, and come in three levels: Summary, Special, and General. Court martial convictions are the same as federal convictions and can result in imprisonment and/or punitive discharge. Examples of this could be: DUI and other alcohol related offenses. Assault. Sex crimes. Military offenses: AWOL or Conduct Unbecoming, […]
DUI Charges
DUI A person is guilty of DUI if he drives a vehicle with an alcohol concentration of .08 or higher, a THC concentration of higher than 5.00 ng, or is appreciably affected by alcohol or drugs. Potential outcomes may include: Reduction to a lesser charge in order to avoid mandatory jail time, 5 years of […]
First 3 Hours After a DUI Arrest
Request to speak to an attorney immediately. State law allows persons arrested for DUI to speak to a lawyer before taking a breath or blood test. Never waive your right to counsel. The Lustick, Kaiman & Madrone team is here to provide you the urgent legal advice you need right over the telephone. On weekends, […]
First 8 Hours After a DUI Arrest
Determine Your Court Date. State law also requires a mandatory court appearance within one court-day after your DUI arrest. In cases where the driver was not allowed to get out of jail within the first 8 to 12 hours, this court hearing usually occurs inside the jail. For those who do get released, the court […]
