Legal Question in DUI Law in Washington

I was arrested for DUI. Judge Brandt at the Spokane County Court House has assigned random UA's and I am low income and is costing me 25$ each time I am called. I have not been found guilty and I have not been to court. The court date is set for January 5, 2012 in front of Judge Tripp. The breath analysis shows I blew 4 blanks and 2 different numbers. The officer also changed the mouth peice because he was having trouble with the machine. I contested the charge with the Department of Licensing and sent in a hearing fee waiver and want a hearing to be set, even if I need to subpoena the State Trooper. His name is Barry Marcus(State Trooper) Judge Brandt has violated Article 11 of the Declaration of Human Rights. This says, "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in public trial at which he has had all the guarantees necessary for his defence". (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time of the penal offence was committed. In my opinion, Judge Brandt should be removed as "Court Judge". Sincerelly, Tyson Jacob Larson

Asked on 12/22/11, 2:27 pm

1 Answer from Attorneys

Jonathan Baner Baner & Baner

Declaration of human rights is a non-binding declaration of an international organization that has no authority over sovereign decisions unless it elects to impose their will (e.g. invade). Furthermore, you misread it. You have not been considered guilty of anything, but are on random UA as a condition of your bail (otherwise you sit in the clink until trial where you guilt or innocence is provided.

No one has the title "Court Judge," and Hon. Tripp is likely a district court judge or a superior court judge. If you want to have him removed, then exercise your democratic rights to that end (e.g. vote, organize campaigns for judicial challengers, write your governor/representative/senator/etc.).

Finally, why is there information about your DOL hearing? Although related I don't see any question involved. Presumably it is there because you don't get a free lawyer for the DOL hearing, and want advice regarding it, but it's way too complicated for anyone to do online through a service like this. I can say this: generally when I do DOL hearings for my clients the last thing I want is the cop to be at the hearing. It isn't necessary for him/her to be there, and in their absence they can't defend themselves, and that is typically better.

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Answered on 1/01/12, 9:18 pm

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