January 2000

Criminal Lawyers: You Have to Love Them!

by Richard C. Eymann
WSBA President

I had lunch the other day with one of my long-time colleagues who often frequents state district courts and whose practice involves a large amount of criminal defense work. My friend is one of that wonderful breed of lawyers who devote themselves to protecting the rights of those who run afoul of the government. I was surprised to learn that approximately 40 percent of his cases, in one form or another, involve the charge of "driving while license suspended (DWLS), third degree." He told me this specific area of criminal defense work has seen a 10-fold increase in the past three years. He went on at length about the injustice of this charge, which includes the suspension of a person's driver's license if outstanding speeding tickets are not paid within 30 days. I also learned this new twist. Any car driven by a person with a suspended license can be impounded up to 90 days, even if the actual car owner did not know that the person driving did not have a valid driver's license. He told me, "Yeah, Dick, my [expletive deleted] car was impounded last week!" and continued on.

"Recently, I had a client who didn't have any money, but he offered, and I agreed, to let him work on my truck to pay his fee. He owns a repair shop down the street and employs many mechanics, and I didn't think much about it. Plus, my old Ford truck needed a little work. Well, he called me one morning a couple of days after I dropped off the truck. One of his employees was test-driving the truck after the repairs were made and was pulled over for having a taillight out. As it happens, this mechanic had an unpaid speeding ticket — you only get 30 days to pay those tickets now — and his license was suspended in the 'third degree.' Apparently, unbeknownst to my client, his mechanic had failed to pay a previous speeding ticket. My truck was impounded! Well, gall darn it, Dick, I figured I'd go down to the towing yard and tell them I didn't know anything about it and get my truck back. After all, it was not my fault the mechanic has had some problems with this DWLS law. Boy, was I in for a shock! It turns out that according to this law, unless I am married to this n'er-do-well or unless I am a bank, the current law has no provision for getting my truck back." He then unloaded his "true" feelings about the matter. "I tell you, I don't know what's going on in Olympia, for crying out loud! They've forgotten about the Constitution. They've forgotten that before they take a person's property, there must be due process and some kind of reasonableness in the law. In their zeal to catch people who haven't paid their speeding tickets in 30 days, they've completely lost their minds."

I took my friend's comments with a grain of salt and assured him it couldn't be that bad. In any event, he'd have his truck back in time for next year's elk season. I was certain the legislature could not have set up a scheme without safeguards for all those concerned, even knowledgeable criminal defense attorneys. But, I looked up RCW 46.55 and saw that he was right; the law does not have any provision for people caught in this situation. I also found out that impounding was implemented to save the government the cost of jail time. The ironic twist is its financial impact on innocent people.

In addition, my attorney friend told me of a situation where a young Russian immigrant came to him and told him he had purchased his dream car, a used Cadillac, for $22,000, and had it fully insured. While out of town, he loaned it to his uncle, who had assured him he had a driver's license. Apparently, this uncle deceived the young man. Although the uncle showed him a license which indicated that everything was fine, he was really a third-degree DWLS. The young man said that after the uncle was pulled over, his dream car had been towed and would be impounded for 90 days. He was also told that he must pay, in advance, half of the total amount of the impound storage fees and tow charges, which amounted to approximately $2,200, in order to save his car from being sold at auction. My friend tells me that the vehicle may be redeemed only by the registered owner, the legal owner, a person authorized in writing by the registered owner, the vehicle insurance company, or by someone who has purchased the vehicle with proof of purchase (RCW 46.55.120(1)(a)). He went on to say, "The kicker is that the person has to pay all of the towing and storage fees that would accrue within the impound period in order to redeem the vehicle. The penalty, even for those who are guilty of not paying a speeding ticket, is ridiculously severe."

At the end of lunch, my buddy got up, slammed down what was left of his coffee, and declared, "This law has a profound economic impact, not only on the targeted drivers, but on their families, other drivers in the household and often on innocent people like me." He added, "I'm not too worried about it for myself. I enjoy the benefits of being an attorney and I really can't complain when I'm a victim of the system. But, can you give me a lift? It will be a couple of weeks before I can get my truck back, and I need to be at the district court for eight misdemeanor cases at 1:30."

Driving back from the courthouse, I thought about my friend's criminal law career. Being any type of criminal lawyer these days, prosecutor or defender, has got to be extremely hectic and very demanding of time and mind. Those who make a career in this area are, indeed, a very special breed. Handling the hundreds of cases they face at any one time is a feat easily ignored by not only civil attorneys, but the public as well. I know many of these dedicated men and women often work for free (clients cannot pay), while prosecutors and public defenders work many hours beyond what their salary provides in compensation. The next time you talk to one of your criminal law compatriots, ask them how it's going and let them know how appreciative you are of their gift to our profession and to society. Who knows, he or she may also need a lift to the courthouse.

Next month: Proposal adding two members to our WSBA Board of Governors and Celebration 2000 update.

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