MADD Amicus Curiae Brief, State of Washington vs. Dominic Baird and Colette Adams

Attorneys Chris Davis & Greg Colburn Author Amicus Curiae on Behalf of MADD

In the spring of 2013, the United States Supreme Court filed its opinion in Missouri v. McNeely, No. 11-1425, 2013 WL 1628934 (U.S. Apr. 17, 2013). This decision was widely publicized with headlines proclaiming that warrants are now required for blood draws.

Attorneys that defend impaired drivers in Washington State against a DUI charge argue that the McNeely decision overrules these legislative authorizations of nonconsensual blood draws unless law enforcement receives a warrant, or later successfully makes a showing of exigency. Some Washington State district court judges concluded that the U.S. Supreme Court case changed Washington State’s implied consent law with respect to breath testing. These conclusions were detrimental to the ability to enforce and prosecute impaired drivers in Washington State. 

In a case considered by the Washington State Supreme Court, State of Washington vs. Dominic Baird and Colette Adams, a refusal was suppressed in a trial and the trial judge believed that the U.S. Supreme Court case in blood tests changed our breath testing law.

Attorneys Chris Davis and Greg Colburn of Davis Law Group in Seattle was honored to be asked by Mothers Against Drunk Driving (MADD)’s staff attorney to author an amicus curiae brief on behalf of MADD in the case of State of Washington vs. Dominic Baird and Colette Adams. In the brief MADD argues that “the severity of the drunk driving problem in this country and this state should not be underestimated. Allowing the district court’s decision…to stand will hamper efforts to combat drunk driving by interfering with the State’s ability to obtain convicting for drunk driving offenses, which is essential to the prevention of drunk driving.” 

Read the Brief of Amicus Curiae from Mothers Against Drunk Driving, authored by Attorneys Chris Davis and Greg Colburn of Davis Law Group.

As of the date of this blog post the Washington State Supreme Court had not get issued an opinion in State of Washington vs. Dominic Baird and Colette Adams.

Sources:

  • "Missouri v. McNeely." Missouri v. McNeely. Wikimedia Foundation, Inc., n.d. Web. 21 July 2015. .
  • "Missouri v. McNeely." Missouri v. McNeely. Wikimedia Foundation, Inc., n.d. Web. 21 July 2015. .
  • State of Washington vs. Dominic Baird and Colette Adams. Washington State Supreme Court. N.d. Print. Case Number 90419-7
  • State of Washington vs. Dominic Baird and Colette Adams. King County Superior Court. N.d. Print. King 14-2-11693-4 KNT & 14-2-12557-7 SEA
  • "Amicus Curiae." Wikipedia. Wikimedia Foundation, n.d. Web. 22 July 2015. .
  • "VIDEO: Oral Arguments: State of Washington v. Dominic Baird & Collette Adams." VIDEO: Oral Arguments: State of Washington v. Dominic Baird & Collette Adams. TVW, n.d. Web. 21 July 2015. .
  • Davis, Christopher M. "MADD Amicus Curiae Brief in State of Washington vs. Dominic Baird and Colette Adams." (n.d.): n. pag. 21 July 2015. Web. .
Mischelle Davis
Davis Law Group's Director of Operations & Client Communications
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