June 9, 2023

Super Bowl Sunday Tips for the 12th Man

Avoiding a DUI

1.  You could get over 25 cab rides* for the average price of a DUI

2.  According to a study published in the New England Journal of Medicine, traffic accidents spike more than 40 percent in the hours after the Super Bowl — an average of 1,300 more crashes, 600 more injuries and seven more deaths nationwide.  More telling? In states with the losing team (Go Seahawks), the number of crashes increases 68 percent after the game, but accidents rise only 6 percent in the state with the winning team.  Source ESPN.com

3.  If you ignore #1 & #2, then memorize the following:
* Be polite
* Give your real name (giving a false name is a new crime and can sometimes be charged as a felony)
* Be silent, except to request a lawyer
* Refuse to take the Field Sobriety Tests
* Do not consent to a search of your car
* Never touch a police officer (this can be a felony assault)

Avoiding a DV arrest

1.  Although it now appears to be a myth that domestic violence (DV) increases on Super Bowl Sunday, nevertheless, this being just the 2nd time Washington’s team has made a Super Bowl I thought it worthwhile to remind you that if police respond to a DV call, they will arrest the person they interpret to be the primary aggressor and this person will:
* Be taken to the Clark County Jail (360-397-2207)
* Appear before the Judge on Monday at 9am for felonies or 1:30 p.m. for Misdemeanors (call my office to confirm, 360-696-4495)
* The Judge routinely imposes a No Contact Order forbidding contact between the accused and the victim, regardless of the victim’s peference.
* All jail phone calls are recorded, so do not break the no contact order by calling the victim.

2.  Love your lover more than your team–you are not the only 12th man and it’s not her fault (regardless of Bud Light’s “whatever it takes” to help your team win slogan).

3.  Separate and take a 3-30 minute walk, remembering that Vancouver’s low temperature is likely warmer than the Seahawks and Peyton Manning’s Broncos played in for 3 plus hours — if that hasn’t worked remember that DV Treatment could cost over $1,800 (including probation fees) not to mention the inconvenience of spending on average 3 months apart from the one you love (or even your roommate who happened to be rooting for the Broncos).

*Call Vancouver Cab,Clark County Cab, Battle Ground Cab, 360-737-3333  $2.50 to get in the cab and then $2.40/mile, meter is running until you exit and pay. To prevent DUI’s they’ve partnered with 5 local bars and offering 10% off from Main Event (Downtown & East; Legends in Hazel Dell, Charlie’s off 112th, and Irish Town in Cascade Park or if you mention this W. Todd Pascoe’s blog post www.pascoe-law.com).

Or call Radio Cab, 360-694-1234, $2.50 to enter, $2.50/mile, $1 per additional passenger, and $0.50 a minute when cab at a complete stop (e.g. red light or waiting for customer).

Memorable Speech, Clean Record

More than a decade ago my client gave the “Gettysburg Address” of marijuana speeches. I’ve never forgotten it and enjoyed reminiscing with the court clerk who still remembered it too. But earlier this month I stood in the same courtroom and heard something less eloquent but much superior as the Judge granted my motion to vacate the conviction. This closes the door on a mistake that would have haunted this professional to be, but now, as the court order states, “[f]or all purposes, including responding to question on employment applications, the defendant may state that he or she has never been convicted of the offense”. For many cases it’s not too late to grab victory from the jaws of defeat.

#Vacating Record; Expungement; Criminal Record; Manufacture Marijuana; Growing Marijuana


Supreme Court expands DNA collection

Anyone convicted of a felony crime in America must give a DNA sample to the State. In Washington individuals convicted of certain gross misdemeanors (e.g. Harassment, Stalking, etc..) must also give a DNA sample. On June 3, the U.S. Supreme Court in ruled that when officers make an arrest supported by probable cause to hold a suspect for a serious offense and bring him to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment. As Justice Scalia pointed out in a scathing dissent, anyone convicted of a felony must already give DNA, so the ruling really only affects those arrested but not convicted (e.g. the innocent). DNA evidence involves expert witnesses which is why a Washington Rape case I had was impacted by Hurricane Katrina (Reliagene lab is in New Orleans). During a 2012 trial a significant point in my cross-examination of police officers was their failure to collect DNA in a case. The State will often tell jurors, “this isn’t CSI” but technology continues to advance and you should consider hiring a lawyer like W. Todd Pascoe who’s experienced handling DNA cases. A list of most serious offenses in Washington can be found at RCW 9.94A.030 and includes every Class A felony and violent class B felonies such as Assault in the Second Degree and Robbery in the Second Degree. For more information on the Supreme Court’s upholding of a Rape conviction where the defendant received life imprisonment without parole because the State collected his DNA see the following web articles (note: the last is the actual Supreme Court opinion)

Washington Passes “Good Samaritan” Law

Those under 21 who call for medical help for a drunk friend — and the friend — won’t face minor-in-possession-of-alcohol charges under a bill signed by Gov. Jay Inslee this spring.
The law, approved by the Legislature last month, is meant to encourage minors to call 911 by removing the fear of prosecution. It follows a similar law for drug overdoses passed in 2010.
By expanding the law to cover alcohol, Washington has joined a growing list of states that have embraced the policy, sometimes over stark opposition due to fears it could encourage underage drinking.
Twelve states have now passed alcohol “good Samaritan” laws since Colorado approved the first one in 2005, according to The Medical Amnesty Initiative, a national nonprofit established last year to boost the policy.

Read more at the Columbian:

Fire in the Park to support local firefighters

As all of America watches, aghast, as several wildfires rage across Colorado, claiming homes and displacing thousands, many are ever more grateful for this country’s firefighters. This summer, we can show our gratitude by supporting the men and women of the Vancouver Firefighters, local union 452.

The 4th Annual (metaphorically named) Fire in the Park returns to Vancouver this month. The event is the Vancouver Firefighter’s Union Annual Charity. The event will be held on July 21st at Esther Short Park in Vancouver. Fire in the Park is free to attend, but donations are welcome and appreciated.

The annual charity event boasts many entertaining activities and delicious food. Events consist of: [Read more…]

Vancouver Urban Growers Market comes back May 25

Vancouver’s Urban Growers Market is coming back for a second year, starting May 25 through Sept. 28. The market will feature produce from backyard and small plot farmers market, crafts and art, a local food court, music and other fun activities.

The market will be at 2315 Main St., next to One World Merchants in Uptown Village. It will take place every second and fourth Friday, from 4 to 8 p.m.

You can find out more, including a list of vendors and sponsors at The Urban Growers Market website.

Vancouver Walk/Run for Animals benefits the Humane Society

The 21st annual Walk/Run for the Animals is May 5 at Esther Short Park, 301 W 8th St., downtown. It benefits the Humane Society for Southwest Washington, which works to find homes for and take care of vulnerable animals.

There are several events you can participate in on race day: a 5K Fun Run, a 3 mile walk or a 1.5 mile walk. There’s a $25 registration fee, from 9 a.m. to noon,. You can register for the race online and find out more about the organization’s work at the Humane Society for Southwest Washington website.

Woodland Tulip Festival in April

Food, fun and, of course, flowers are all part of the upcoming Annual Woodland Tulip Festival. The 10th annual festival is at Holland American Bulb Farms, South Pekin Road, Woodland.

Admission is free at the event, which is from April 14-15 and 21-22, 9 a.m. to 4 p.m. The festival has been expanded this year. So in addition to live gardening and flower arranging demonstrations, expect a larger artisan and farmers market, a 5K and more, the organizers say on their website. [Read more…]

Vancouver Symphony Chamber Group to perform Signs of Spring

Spring is just about here, and The Vancouver Symphony Orchestra’s Chamber Group is giving the season an early welcome with its Signs of Spring performance. [Read more…]

Tap in Fort Vancouver history with new smartphone app

A joint effort between the National Park Service, Washington State University Vancouver, Fort Vancouver staff, and a local cultural group is bringing area history to life with a new smart phone app.

The app was designed by WSUV’s creative media and digital culture program, according to an article in the The Columbian. The app details the lives of local historical figures of Hawaiian and Polynesian descent through video, maps, sounds and images can be accessed on iPhones and Androids while touring Fort Vancouver.

[Read more…]