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Happy Holidays

McNeice Wheeler Green, PLLC wishes everyone a very happy and safe holiday, and a healthy and prosperous new year!!!   Be safe out there, everyone, and come see us in 2011. 

Very Best Wishes,

Alan

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Attorney Alan Green Wins DOL Hearing on Drivers License Suspension

McNeice Wheeler Green, PLLC recently prevailed on behalf of a client in a contested hearing against the Washington Department of Licensing and succeeded in protecting that client’s drivers license from being suspended.

If you are pulled over for a DUI in the state of Washington, there are actually two separate matters that you will have to deal with. Obviously, there are the criminal proceedings you will have to face to determine if you are guilty of driving while under the influence. There is also a second proceeding, however, that people sometimes forget about – the DOL hearing. If you refuse to provide a breath sample to the police, or if you do provide a breath sample and it exceeds the legal limit of .08, then the DOL automatically suspends your drivers license for 90 days, regardless of whether you are convicted of DUI or not.

It is very difficult to prevail in the DOL hearing. Only approximately 20% of DOL hearings are won by the defendant. That is why it is important to have an experienced criminal defense attorney representing you at the hearing. At the recent DOL hearing won by Alan Green, he successfully presented an argument regarding technical probable cause issues and certain deficiencies in the evidence presented by the DOL. This argument resulted in a favorable ruling by the DOL hearing officer, and no administrative suspension had to be endured by his client.

Regardless of the actual criminal case, do not forget to focus on the DOL hearing. Different issues apply, and you may be able to prevail, even if the facts are not necessarily in your favor. Contact McNeice Wheeler Green, PLLC to ensure that your rights are protected.

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Washington Consumer Protection Act

In Washington, the law provides a measure of protection to consumers against unethical providers of goods and services through RCW Chapter 19.86 (review the consumer law here). The Consumer Protection Act, as codified, provides for a private cause of action by setting forth consumer rights with regards to transactions having to do with credit cards, debt collection, mortgages and loans, car sales, and the sale of products. Consumers with complaints against businesses and service providers cannot always get relief by seeking help from the Attorney General’s office. The Attorney General (read more about the Washington AG) does engage in a “plaintiff practice” against offending businesses that swindle or cheat consumers in an effort to stop unfair and deceptive acts and practices by businesses in Washington. But the AG’s office cannot help every resident of Spokane who is taken advantage of. Every consumer who has been treated unfairly needs an advocate. McNeice Wheeler Green, PLLC wants to be your advocate.

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Steelheading on the Grande Ronde Hot for Spokane Attorney

Spokane attorney Alan Green and local school teacher Britten Jay spent two days fishing the Grande Ronde for steelhead over the President’s Day weekend. Floating the canyon stretch between Boggan’s and Shumaker, the anglers (including Spokane fisherman Kevin, and James from Dayton) managed to hook 18 fish in two days, and land 13 of them. Two of the fish caught by James Brandon were wild fish, one of which weighed an estimated 10 pounds. That’s a sizable steelhead for the Ronde, and quite an accomplishment, considering James had never fished for steelhead with a fly rod before.

All fish were caught using one of a variety of orange, tangerine and multicolored egg and flesh patterns under an indicator. Several of the anglers fished many of the runs swinging leeches with spey rods, however no fish were caught on the swing. With the exception of the inconsiderate guide out of Oregon running a jet boat up the river, the anglers had the river nearly to themselves. You are urged to contact Washington Dept. of Fish and Game to ask that jet boats be banned from the Grande Ronde.

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WA Cracks Down on Cell Phone Use While Driving

OLYMPIA — The Washington state Senate has taken action against distracted drivers, passing a measure Friday that makes it easier for police to ticket people who are driving while either texting or talking on a cell phone without a headset.

On a 33-15 vote Friday, the Senate passed a bill that makes it a primary offense to be caught holding a cell phone to your ear while driving, or to be reading, writing or sending text messages. That strengthens the state’s current secondary offense law, which only slaps drivers with an extra fine if they are pulled over for another infraction, such as speeding.

“It’s becoming an epidemic, people are not paying attention, and it’s extremely serious,” said Sen. Tracey Eide, D-Federal Way, and sponsor of the bill. Continue Reading →

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