DOL in an effort to stop people from filing an appeal challenging the poor rulings of their hearing officers, has forced drivers to elect between pursuing a challenge to an incorrect suspension/revocation and an Ignition Interlock License (IIL).  An IIL allows a suspended/revoked driver to drive as long as they have an Ignition Interlock Device, SR-22 insurance and a successful IIL application (with payment of $150.00).  An appeal allows a driver to challenge a ruling by DOL and have a Superior Court Judge make the final decision.  DOL has successfully lobbied for a law eliminating a Driver’s ability to get an IIL if they file an appeal with Superior Court.

Our client had a great issue and should have won her DOL hearing.  The video from the Police Station clearly showed the Police Officer failing to read all of the Implied Consent Warnings.  This should have been fatal to DOL’s license revocation.  Unfortunately, DOL still ruled to uphold the revocation.

Now the client had a tough decision: pursue an honest and correct decision and not drive for a year or get the IIL and let DOL get away with a terrible and intellectually dishonest ruling.  Our attorneys came up with a creative way to do both!

During an appeal of a DOL suspension, the License suspension/revocation remains in place unless you petition for a stay of the suspension/revocation.  To get a stay granted, you need to prove that you are likely to prevail and that you will suffer irreparable harm from the suspension/revocation.  The stay procedure had not been eliminated by the creation of the IIL.  We could file the appeal, pursue the stay and, if we lost, we could withdraw the appeal and have our client get the IIL.  This would allow us to have a Judge review the case and see if he/she agreed with our position.  If the Judge agreed, the stay would be a good sign and it would let our client drive while the appeal proceeded.  If the Judge disagreed we could retreat and withdraw the appeal.  This would allow our client to get an IIL.

The client agreed not to drive for a couple weeks while we petitioned for the stay.  We moved forward.  Initially the Judge denied our motion for the stay, but a careful review of the Judge’s order showed us that she misunderstood the law.  We swiftly filed a motion to reconsider and the Court reversed itself and ordered the stay!

Then the best thing happened!  DOL, having been forced to face the fact that their ruling was flat-out wrong; conceded!  Our client not only got her DUI rejected by the Prosecutor; (that is another story) she also had her license revocation reversed.  Her driving record remains clean and clear.

Drue is an amazing addition to the firm and her and Lizanne literally create a perfect ying and yang (or as Lizanne likes to say…Drue is Sancho Panza while Lizanne is Don Quixote).

Drue has done amazing work since joining Padula & Associates.  Among her fabulous feats are the following:

1.      Client told by DOL in Washington that he can never have a license due to a law in Illinois.  Drue begins by writing letters to DOL to tell them their position is wrong.  When this fails she seeks a writ to King County Superior Court.  In the end, she doggedly pursued three writs and two DOL hearings.  This client’s case had been rejected by other attorneys as hopeless.  Drue refused to give up and ultimately won!  Our client is now a happy and legal Washington driver.

2.      Pharmacist with neurological issues passes out on the way to the hospital for an MRI.  Cops decide it must have been her prescription medications that caused the accident and file DUI charges.  With the help of a toxicologist, Drue proved to the Prosecutor that our client had taken these medications at prescribed levels for years and that they would not affect her driving.  Prosecutor refuses to listen but offers a reduction to Negligent Driving 1^st Degree.  Believing firmly that our client did nothing wrong, Drue and our client reject the deal and set a motion to dismiss.  Drue prepares a thorough written legal argument and moves forward with motions.  At motions, Drue gets the blood test excluded and all charges dismissed!

3.      Court refuses to allow Lizanne to argue Physical Control and safely off the roadway in a DUI case where client pulled into a gas station, parked legally and was sound asleep by the time law enforcement arrived.  Lizanne argued and lost at the District and Superior Court levels.  Drue filed the petition for review with the Court of Appeals, wrote the brief and got the case accepted for review (with the help of Lizanne’s oral argument).  Case has yet to be decided but Lizanne and Drue have kept the client’s hopes alive and are primed to create new law in Washington.

4.      She has argued and won numerous DOL hearings.

5.      Successfully argued a stop issue in Issaquah and got a young client’s minor DUI completely dismissed.

6.      Drue has reorganized office procedure and finances.  She has instituted more efficient office procedures and significantly strengthened Padula & Associates financial strength.

Put simply, Drue and Lizanne are a winning team.  Drue’s effective practical approach provides an anchor to Lizanne’s creativity and tenacity.  Drue and Lizanne talk about every case each week and work as a team.  Clients literally get two heads for the price of one.