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# Law Office of Nicholas Wood: Vancouver Lawyer

## Sitemaps
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## Posts
- [New Domestic Violence Law in Washington State in 2020](https://www.nicholaswoodlaw.com/new-domestic-violence-law-in-washington-state-in-2020/): As a domestic violence attorney who has handled hundreds ofcases both criminally and civilly (Domestic Violence Protection Orders) in Vancouver, Washington and elsewhere, I have seen this area of law change dramatically over the last 20 plus years.  Washington State has added a new law effective June 11, 2020 to cases involving domestic violene.  Specifically, the State of Washington State has authorized a new layer of monitoring for individuals who have Domestic Violence Protection Orders issued against them.  Those orders can be issued both Civilly and Criminally (either pre-trial or post-trial/post-plea).
- [Modification of Parenting Plan in Washington State (Clark County, WA) Part II](https://www.nicholaswoodlaw.com/modification-of-parenting-plan-in-washington-state-clark-county-wa-part-ii/): Part I of the two-part series explored minor modifications of a Parenting Plan. Part II of this article will explore a major modification of a Parenting Plan under Washington law.  A major modification to a parenting plan is just that:  asking the court to make a substantial different parenting plan than what the court ordered previously. 
- [Modification of Parenting Plan in Washington State (Clark County, WA) Part I](https://www.nicholaswoodlaw.com/modification-of-parenting-plan-in-washington-state-clark-county-wa-part-i/): As an experienced Family Law Attorney in Clark County (Vancouver) Washington, one of the most contentious aspects of a Family Law case is usually the Parenting Plan.  Two parents who are used to seeing their children on a daily basis are now faced with the fact that both parents will not see their child/children every day, even if that parent is the primary parent.  Moreover, as time goes on events change that may make the original parenting plan obsolete or other circumstances have arisen to justify a change to the parenting plan.  This article will be broken down into multiple parts, to allow for ease of reading and in its entirety will focus on the process to go about requesting a modification of a parenting plan and discuss the legal standards in general terms.
- [Contempt Motions Involving Dissolution Proceedings](https://www.nicholaswoodlaw.com/contempt-motions-involving-dissolution-proceedings/): In the contempt process, if a party does not obey the orders of the court for things such as child support, spousal support/spousal maintenance and parenting plans, you have to initiate the process to hold the offending party accountable by prepare a Motion for Contempt and explain the provision of the order that is believed that the opposing party is violation in and the factual issues.  This is your vehicle for providing evidence to the court explaining what order they violated and how they violated the order in question.  The easiest example of this would be alleging that Party A was ordered to pay Party B Child Support or Spousal Support/Spousal Maintenance every month on the first and has not paid the support and/or maintenance for the last two months.  Once your motion for contempt is completed, you take your motion to the Ex Parte docket and wait for the Ex Parte Judge in the Clark County Superior Court to review your materials to determine if they believe there is a basis for what you are alleging.  If they believe there is a sufficient basis, the judge will sign an Order to Show Cause (which you need to have prepared and ready to be signed) directing the opposing party to appear in court at a particular date and time to provide evidence to the court as to why the opposing party should not be held in Contempt of Court for not obeying the order.
- [Misdemeanor DUI Sentencing in Washington Part II](https://www.nicholaswoodlaw.com/misdemeanor-dui-sentencing-in-washington-part-ii/): Part one of this continuing article explored the mandatory
sentencing term for jail and fines under Washington law for a Misdemeanor DUI
conviction.  Part II of this article will
describe the non-jail and fine consequences of a Misdemeanor DUI conviction in
Washington State.  As a criminal defense
attorney in Vancouver, Clark County, Washington, advising clients on these
issues is a regular part of my practice practicing DUI defense in Southwest
Washington and beyond.  Now let’s look at
them broken up by section. Ignition Interlock
Device Washington courts are required to
order a person convicted of DUI to comply with the rules and requirements of
the department regarding the installation and use of a functioning ignition
interlock device installed on all motor vehicles operated by the person. Said
another way, the client will be required to install an ignition interlock
device in any vehicle they drive for a period time, depending on their DUI history.
At a minimum it will be a one-year ignition interlock requirement, and more
time if they have prior history. If the court orders that a person
refrain from consuming any alcohol, the court has to order the person to submit
to alcohol monitoring through an alcohol detection breathalyzer device,
transdermal sensor device, or other technology designed to detect alcohol in a
person's system. The person must pay for the cost of the monitoring, unless the
court specifies that the cost of monitoring will be paid with funds that are
available from an alternative source identified by the court. The county or
municipality where the penalty is being imposed shall determine the cost. In any county or city where a 24/7
sobriety program is available and verified by the Washington association of
sheriffs and police chiefs, the court is required to: Order the person to install and use a
functioning ignition interlock or other device in lieu of such period of 24/7
sobriety program monitoring;Order the person to a period of 24/7 sobriety
program monitoring pursuant to subsections (1) through (3) of RCW 46.61.5055;
orOrder the person to install and use a
functioning ignition interlock or other device in addition to a period of 24/7
sobriety program monitoring pursuant to (1) through (3) of RCW 46.61.5055. Important Note:  If a person who is convicted of DUI committed
the offense while a passenger under the age of sixteen was in the vehicle, the
court is required under law to order the use of an ignition interlock or other
device for an additional six months, beyond the minimums required per the
Washington Administrative Code. Alcohol/Substance
Abuse Assessment A person convicted of DUI is
required to be assessed for alcohol/substance abuse punishable under this
section is subject to the alcohol assessment and treatment provisions of RCW
46.61.5056. Driver's License
Suspensions The license, permit, or nonresident privilege of a person
convicted of DUI must be suspended as follows: 
  a.            If
the person's alcohol concentration was less than 0.15, or if for reasons other
than the person's refusal to take a test offered under RCW 46.20.308 there is
no test result indicating the person's alcohol concentration: for ninety
days or until the person is evaluated by an alcoholism agency or probation
department pursuant to RCW 46.20.311 and the person completes or is enrolled in
a ninety-day period of 24/7 sobriety program monitoring. In no circumstances shall the license suspension be for fewer than two
days; b.            If
the person has one prior offense within seven years, his or her license to
drive shall be revoked or denied by the department for two years or until
the person is evaluated by an alcoholism agency or probation department
pursuant to RCW 46.20.311 and the person completes or is enrolled in a
six-month period of 24/7 sobriety program monitoring. In no circumstances shall the license suspension be for less than
one year; or c.            If
the person has two or more prior offenses within seven years, his or her license
shall be revoked or denied by the department for three years; If the person’s alcohol
concentration at least 0.15. If the person's alcohol concentration was at least
0.15: the driver’s license shall be revoked or denied by the department for
one year or until the person is evaluated by an alcoholism agency or probation
department pursuant to RCW 46.20.311 and the person completes or is enrolled in
a one hundred twenty day period of 24/7 sobriety program monitoring. In no circumstances shall the license revocation
be for fewer than four days; a.            If
the person has one prior offense within seven years, his or her driver’s
license shall be revoked or denied by the department for nine hundred days; or b.            If
the person has two or more prior offenses within seven years, his or her
driver’s license shall be revoked or denied by the department for four years;
or If by reason of the person's
refusal to take a test offered under RCW 46.20.308, there is no test result
indicating the person's alcohol concentration: a.            If
the person has no prior offenses within seven years, his or her driver’s
license shall be revoked or denied by the department for two years; b.            If the person has one prior offense within seven years, his or her driver’s
license shall be revoked or denied by the department for three years; or  c.           If
the person has one prior offense within seven years, his or her driver’s
license shall be revoked or denied by the department for four years; or Note:  Washington law states that the Department of
Licensing shall grant credit on a day-for-day basis for any portion of a
suspension, revocation, or denial already served under this subsection for a
suspension, revocation, or denial imposed under RCW 46.20.3101 (Implied Consent
Hearing/Administrative Hearing) arising out of the same incident.  Note: 
That upon the Washington Department of Licensing receiving notice from
the court under RCW 36.28A.390 that a participant has been removed from a 24/7
sobriety program, the department must resume any suspension, revocation, or
denial that had been terminated early due to participation in the program,
granting credit on a day-for-day basis for any portion of a suspension,
revocation, or denial already served under RCW 46.20.3101 or this section
arising out of the same incident. This is potentially very helpful to a client involving a
significant delay in suspending a license under RCW 46.61.5055: upon its own
motion or upon motion by a person, a court may find, on the record, that notice
to the department under RCW 46.20.270 has been delayed for three years or
more as a result of a clerical or court error. If so, the court may order
that the person's license, permit, or nonresident privilege shall not be
revoked, suspended, or denied for that offense. Probation
Conditions DUI Convictions                a.            In
addition to any nonsuspendable and nondeferrable jail sentence required by this
section, whenever the court imposes up to three hundred sixty-four days in
jail, the court shall also suspend but shall not defer a period of confinement
for a period not exceeding five years. The court shall impose conditions of probation that include: Not driving a motor vehicle within this state
without a valid license to drive; (ii) not driving a motor vehicle within this
state without proof of liability insurance or other financial responsibility
for the future pursuant to RCW 46.30.020; (iii) not driving or being in physical control
of a motor vehicle within this state while having an alcohol concentration of
0.08 or more or a THC concentration of 5.00 nanograms per milliliter of whole
blood or higher, within two hours after driving; (iv) not refusing to submit to a test of his or
her breath or blood to determine alcohol or drug concentration upon request of
a law enforcement officer who has reasonable grounds to believe the person was
driving or was in actual physical control of a motor vehicle within this state
while under the influence of intoxicating liquor or drug; and (v) not driving a motor vehicle in this state
without a functioning ignition interlock device as required by the department
under RCW 46.20.720. The court may impose conditions of probation that include
nonrepetition, installation of an ignition interlock device on the
probationer's motor vehicle, alcohol or drug treatment, supervised probation,
or other conditions that may be appropriate. The sentence may be imposed in
whole or in part upon violation of a condition of probation during the
suspension period. b.            For each
violation of mandatory conditions of probation under (a)(i), (ii), (iii), (iv),
or (v)  above the court shall order the
convicted person to be confined for thirty days, which shall not be suspended
or deferred.  This 30 days does not have
to be jail but can be work release  or
can be electronic home confinement. c. The law requires that for  each incident involving a violation of a
mandatory condition of probation imposed under this subsection, the license,
permit, or privilege to drive of the person shall be suspended by the court for
thirty days or, if such license, permit, or privilege to drive already is
suspended, revoked, or denied at the time the finding of probation violation is
made, the suspension, revocation, or denial then in effect shall be extended by
thirty days. Waiving Electronic
Home Confinement A court may waive the electronic home monitoring
requirements of this chapter when: (a) The offender does not have a dwelling, telephone
service, or any other necessity to operate an electronic home monitoring
system. However, if a court determines that an alcohol monitoring device
utilizing wireless reporting technology is reasonably available, the court may
require the person to obtain such a device during the period of required electronic
home monitoring; (b) The offender does not reside in the state of Washington;
or (c) The court determines that there is reason to believe
that the offender would violate the conditions of the electronic home
monitoring penalty. The alternative sentence may include, but is not limited to,
use of an ignition interlock device, the 24/7 sobriety program monitoring,
additional jail time, work crew, or work camp.
- [Misdemeanor DUI Sentencing in Washington State Part I](https://www.nicholaswoodlaw.com/misdemeanor-dui-sentencing-in-washington-state-part-i/): Again, exclusive of the alternative listed above regarding the 45 jail/90 day EHC alternative, the forty-five days of jail/imprisonment and ninety days of electronic home monitoring may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based. And, by a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended unless the court finds the offender to be indigent.
- [Not Guilty by Reason of Insanity – Part Two](https://www.nicholaswoodlaw.com/not-guilty-by-reason-of-insanity-part-two/): While the Not Guilty by Reason of Insanity Defense is a necessary and vital tool that should be utilized when appropriate, sometimes the long-term effects aren’t always clear. In my work to successfully advocate for a partial-conditional release for a client at a State hospital I came upon a man who like my client was NGRI and committed to a hospital For him, as he was committed based on a NGRI for a Class A offense he could be in theory committed there for the rest of his/her life for something that he/she would have served less than two years on.  He/she had been committed for seven years at that point.  I am not sure which is better or worse but it does make someone think.  Now on to the Leveling System.
- [Not Guilty by Reason of Insanity – Part One](https://www.nicholaswoodlaw.com/not-guilty-by-reason-of-insanity-part-one/): As a criminal defense attorney in Vancouver (Clark County) Washington one of my primary responsibilities when defending an individual is to evaluate the alleged evidence and determine if there are any defenses that may apply to a case, beyond of course general denial.  Insanity rarely comes into play but occasionally does present itself as a viable option.   However, the circumstances of your individual case may result in being “unsuccessful” from a long-term perspective. In this multi-part article, I will describe the law on insanity in Washington, and what the law requires if someone is found Not Guilty by Reason of Insanity (NGRI).
- [Clark County Washington Felony and Misdemeanor Mental Health Court, Part IV](https://www.nicholaswoodlaw.com/clark-county-washington-felony-and-misdemeanor-mental-health-court-part-iv/): This is the final segment related to the “rules of the road” for the new Clark County Mental Health Court, a program that could make a huge difference for someone accused of a Felony or Misdemeanor criminal offense in Vancouver, Clark County, WA.
- [Clark County Washington Felony and Misdemeanor Mental Health Court, Part III](https://www.nicholaswoodlaw.com/clark-county-washington-felony-and-misdemeanor-mental-health-court-part-iii/): All Mental Health Court participants shall be engaged in individualized, comprehensive, and integrated mental health and/or substance abuse treatment and rehabilitation services for a minimum of 12 months but may be monitored in the court setting for a period of at least 16 months. In being accepted into the Mental Health Court Program and as a part of a participant’s sentence, the participant must abide by the contractual terms and conditions:
- [Clark County Washington Felony and Misdemeanor Mental Health Court Part II](https://www.nicholaswoodlaw.com/clark-county-washington-felony-and-misdemeanor-mental-health-court-part-ii/): I am continuing the article regarding Clark County, Washington’s improved Mental Health Court, starting with qualifying felonies and continuing forward, victim input, restitution, crimogenic  risk factors and referral and intake process.
- [Clark County Washington Felony and Misdemeanor Mental Health Court Part 1](https://www.nicholaswoodlaw.com/clark-county-washington-felony-and-misdemeanor-mental-health-court-part-1/): Now of course beyond the individual case perspective there still exists the issues for clients in dealing with their mental health issues from a treatment perspective so they do not return to a situation where they are facing criminal charges again.  A new approach in the local Vancouver, Clark County, Washington is the Felony Mental Health Court that has come online in 2018.  The Felony Mental Health Court is an extension of the Misdemeanor Mental Health Court that has existed for many years. In this article I will explain the Felony and Misdemeanor Mental Health Court, that includes their new features.  This article will be in several sections/parts due to the length and depth I will go into.
- [Parenting Plan Limitations Under Washington Law RCW 26.09.191 Part III](https://www.nicholaswoodlaw.com/parenting-plan-limitations-under-washington-law-rcw-26-09-191-part-iii/): (n) If the court expressly finds based on the evidence that contact between the parent and the child will not cause physical, sexual, or emotional abuse or harm to the child and that the probability that the parent's or other person's harmful or abusive conduct will recur is so remote that it would not be in the child's best interests to apply the limitations of (a), (b), and (m)(i) and (iv) of this subsection, or if the court expressly finds that the parent's conduct did not have an impact on the child, then the court need not apply the limitations of (a), (b), and (m)(i) and (iv) of this subsection. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic violence is within the discretion of the court. This subsection shall not apply when (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and (m)(ii) of this subsection apply.  This paragraph allows the court limited discretion, subject to the legislature’s determination that the court shall not have discretion to allow contact between a parent and a child when (c) through (l) and (m)(ii) apply. In essence, the legislature has commanded that in no circumstances should a court not limit contact between a parent because if (c) through (l) and (m)(ii) apply.
- [Parenting Plan Limitations Under Washington Law RCW 26.09.191 Part II](https://www.nicholaswoodlaw.com/parenting-plan-limitations-under-washington-law-rcw-26-09-191-part-ii/): This article is part two involving limitations of a parent’s time with their child as stated under RCW 26.09.191.  We continue the article by discussing the rebuttable presumption for parents or the person(s) they live with that have been convicted of certain sex offenses.  As this is a very technical part of the law, the statute is essentially given to avoid any confusion or misinterpretation based on interpretation.
- [Parenting Plan Limitations Under Washington Law RCW 26.09.191](https://www.nicholaswoodlaw.com/parenting-plan-limitations-under-washington-law-rcw-26-09-191/): As a family law/divorce attorney in Vancouver, Clark County, WA, I am frequently asked in the course of my work how to limit the parenting plans for the other parent.  Washington law proscribes situations where the parenting time with a child can be limited by the court for a parent.  To be clear, these are very limited and specific circumstances and need to be proven to a court in order to be established.  I will summarize them at length, though the summary will be broken down into multiple segments.
- [Domestic Violence’s Impact on Spending Time with Your Children](https://www.nicholaswoodlaw.com/domestic-violences-impact-on-spending-time-with-your-children/): As a family law/divorce attorney in Vancouver, Clark County, WA, I am frequently asked about how someone with a domestic violence history may be treated by the court when in a custody battle, i.e. trying to establish a parenting plan.  Well under RCW 26.09.191 proven domestic violence can greatly impact a parent’s time with their child or children in a number of situations. This article will focus on situations involving domestic violence and how it can limit a parenting plan:  First, under Washington law, a permanent parenting plan shall not require mutual decision-making for both parents or require a dispute resolution process (mediation, arbitration, etc.) other than going to court if it is found that one  parent has committed an act of domestic violence a history of acts of domestic violence as defined in RCW 26.50.010(3).
- [Self-Defense Reimbursement Under Washington Law](https://www.nicholaswoodlaw.com/self-defense-reimbursement-under-washington-law/): In my capacity as a criminal defense/assault attorney in Vancouver, WA, in a recent article I wrote, I detailed the use of self-defense in Assault in the Fourth Degree and Assault in the Fourth Degree Domestic Violence cases, using a recent jury trial I had won to illustrate the criminal defense aspect of self-defense in Washington.  If you are successful in a self-defense claim in your criminal case, then under Washington law you are also allowed to have the jury determine if you can have your attorney fees and other moneys recouped as a result of being successful based upon self-defense.
- [Self-Defense for Assault 4 and Assault 4 Domestic Violence](https://www.nicholaswoodlaw.com/self-defense-for-assault-4-and-assault-4-domestic-violence/): I recently won a jury trial for Assault in the 4th Degree Domestic Violence based upon a theory of self-defense. The specific situation involved one spouse who reasonably believed that he was about to be injured based upon the actions and statements of the other spouse. While the other spouse did not actually injure my client, the circumstances presented a situation where it was reasonable to conclude that the client may be injured, as there was yelling, name calling, threats to harm others, the other spouse appeared to be under the influence, and the other spouse ultimately approached the defending spouse in a manner that appeared confrontational and aggressive.
- [Motion to Dismiss Prosecutorial Mismanagement](https://www.nicholaswoodlaw.com/motion-to-dismiss-prosecutorial-mismanagement/): As a criminal defense attorney in Vancouver, Clark County, WA that handles a wide-variety of criminal defense cases ranging from: Attempted Murder, Vehicular Homicide, Felon Strike Offenses, DUI, Domestic Violence Offenses, Sexual Assaults, Drug Offenses, Theft and other criminal defense matters. In my experience, I have seen the State prosecution do things in the late stages of moving a case to trial that puts the defense in the position of having to choose to be adequately prepared or keeping their current trial date.  For some people, this can be an agonizing decision, especially if a case has been pending for quite a while.
- [Prior Inconsistent Statements – Criminal Defense](https://www.nicholaswoodlaw.com/prior-inconsistent-statements-criminal-defense/): I recently won a very serious felony trial where the client was facing over seven years in prison, multiple strike offenses, and other very serious collateral consequences.  In my opinion, while there were a number of reasons why there was a reason for the jury to doubt the State’s evidence in the case, one of the main things that torpedoed the prosecution’s case were the number of prior inconsistent statements that the State’s main witness made during the course of the case that I was able to present to the jury at trial.
- [Motion for Revision Family Law – Lyle v. Lyle](https://www.nicholaswoodlaw.com/motion-for-revision-family-law-lyle-v-lyle/): In the case of Lyle v. Lyle, Division Three of the Washington State Court of Appeals dealt with the case of a Commissioner’s order that was revised by a Superior Court Judge.  Specifically, the court reaffirmed that Superior court judges are authorized to review court commissioner decisions through a motion for revision. Although new evidence may not be considered, a judge acting on a motion for revision otherwise has plenary authority over the matter and may issue any findings or decisions that could have been entered by the commissioner.The broad authority conferred on superior court judges warranted the actions taken by the judge in this case. After Christy Lyle filed a motion to revise a commissioner's decision dismissing her petition to modify child support, the superior court judge was not restricted to either affirming or reversing the commissioner's order. Instead, on finding dismissal unwarranted, the judge was empowered to enter a child support award as had been requested by Ms. Lyle in her petition. The decision of the superior court judge is therefore affirmed.  The specific facts of Lyle v. Lyle are as follows:
- [Motion for Revision Family Law: Considerations](https://www.nicholaswoodlaw.com/motion-for-revision-family-law-considerations/): It is important to know that for family law cases, the filing of a motion for revision does not stay (place on hold) the Commissioner’s order, and the order shall remain in force (effect) unless a separate motion is made to the court and an order staying the Commissioner’s order is granted by the assigned Judge or the Commissioner who signed the order.  Thus, even if you don’t like the order and think it is wrong in law or fact, YOU MUST still obey it until it is stayed or the judge grants your motion for revision.  If you don’t obey it you could face contempt of court sanctions, which could include fines, fees and costs and could even result in jail time in the more egregious situations.
- [Motion for Revision Family Law: Changing a Court Commissioner’s Ruling](https://www.nicholaswoodlaw.com/motion-for-revision-family-law-changing-a-court-commissioners-ruling/): ​In Clark County, Washington and in many other counties throughout Washington, Superior Court Commissioners handle family law matters routinely. Superior Court Commissioners are not elected judges part are judicial officers hired by the court to decide legal matters as authorized under Washington law. Washington law makes clear that Court commissioners play an important role in the Washington State court system. The commissioners help alleviate the large caseloads facing superior court judges and facilitate the efficient administration of justice. State v. Smith, 117 Wn.2d 263, 280, 814 P .2d 652 (1991). ​Superior court commissioners derive their powers from Washington State's Constitution and statute. WASH. CONST., art. IV,§ 23; ch. 2.24 RCW. Superior Court commissioners are conferred with most of the powers of a superior court judge, but they cannot preside over jury trials. WASH. CONST. art. IV,§ 23. 1 While superior court commissioners operate largely like their judicial counterparts, they are not subject to affidavits of prejudice under RCW 4.12.050. State v. Espinoza, 112 Wn.2d 819, 829, 77 4 P .2d 1177 (1989). Instead, a party dissatisfied with a commissioner's ruling can seek relief via a Motion for Revision. Smith, 117 Wn.2d at 280. The right to seek a revision of a commissioner’s order or judgment permits a litigant appearing before a commissioner to be treated similarly to one appearing before a superior court judge. Id. at 276.
- [Parenting Plans in Clark County WA](https://www.nicholaswoodlaw.com/parenting-plans-in-clark-county-wa/): The children should reside with the primary residential parent, except the children should reside with the non-residential parent pursuant to the following schedule:
- [Recent Changes to WA Law Impacting Drivers for DUIs and Cell and Other Electronic Devices](https://www.nicholaswoodlaw.com/recent-changes-to-wa-law-impacting-drivers-for-duis-and-cell-and-other-electronic-devices/): The State of Washington continues to harshen consequences for drinking drivers in the state by changing the law and now making a fourth driving under the influence offense a felony in Washington state if it has occurred within the last 10 years.  Prior to the change, Washington driving laws required four misdemeanor DUI convictions over a 10-year period before the fifth offense was felony eligible.  If convicted of Felony DUI, the offender would be facing a prison sentence range, even for a first offense.  SB 5037-2017-18
- [DUI Pre-Arrest Screening Phase](https://www.nicholaswoodlaw.com/dui-pre-arrest-screening-phase/): This final phase before arrest, the officer typically will order the suspect out of his vehicle and offer him or her the opportunity to take “voluntary” field sobriety tests (FSTs).  Now the law regarding the taking of field sobriety tests was muddled relatively recently by a June 2016 Washington State Supreme Court case that was later amended by the Washington Supreme Court in September 2016.  Specifically, in State v. Mecham, 186 Wn.2d 128, 380 P.3d 414, 2016 Wash. LEXIS 695 (Wash. June 16, 2016) (the date of the original opinion) (the opinion was ordered amended in parts at State v. Mecham, 2016 Wash. LEXIS 1011 (Wash. Sept. 6, 2016))
- [Personal Contact with the DUI Suspect](https://www.nicholaswoodlaw.com/personal-contact-with-the-dui-suspect/): In the personal contact phase, law enforcement officers are making as many observations about the person as possible:  Do they detect the odor of alcohol, marijuana or some other form of intoxicant on the person?  Now remember, if someone is 21 years old it is not unlawful or illegal to drive after drinking, so having alcohol on your breath is not unlawful.  What is unlawful is to be affected to an appreciable degree by use of alcohol, drugs or a combination of both in Washington.  So evidence of use of those things (alcohol, marijuana, other intoxicants) in and of itself is not cause for DUI, but it is a link in the chain necessary to form probable cause for DUI. An experienced DUI Lawyer can help you navigate this scenario.
- [DUI Arrest Vehicle in Motion Phase](https://www.nicholaswoodlaw.com/dui-arrest-vehicle-in-motion-phase/): Law enforcement officers are taught that the DUI arrest process is broken down into three main sections generally:  1.  Vehicle in motion, 2.  Personal contact with the suspect, and 3. Pre-arrest screening.  Officers typically have to justify each step to move on to the next in order to ultimately justify a DUI arrest.  However, there are circumstances when an officer does not need to actually observe the vehicle in motion and can still ultimately make a DUI arrest. The most common scenarios occur when a police officer interviews someone who admits to driving a vehicle, while not actually witnessing the suspect driving the vehicle and/or other people witnessed the driver driving the vehicle, etc.  Now, let’s talk about each of these phases in turn, beginning with the “vehicle in motion” phase.
- [Ignition Interlock License Basics](https://www.nicholaswoodlaw.com/ignition-interlock-license-basics/): Today’s world revolves around people being able to drive—it is a mainstay to keep employment and otherwise live your life.  Unfortunately, sometimes people make mistakes that result in a person’s ability to legally drive to be suspended.  Fortunately, in Washington State the legislature has recognized this fact of life and has created a means to protect society and the individual who made the mistake! If you have had your personal driver’s license suspended by the State of Washington for an alcohol or drug-related offense (criminal or administrative), you can immediately apply to the Washington Department of Licensing for an Ignition Interlock Driver License (IIL).  This is a special license that will allow you to drive a non-commercial motor vehicle 24 hours a day, seven days week, just like a normal driver’s license with some specific requirements that will be discussed below.  The legal authority for this is RCW 46.20.385.
- [La Center Women Gets 9 Months in Fire](https://www.nicholaswoodlaw.com/la-center-women-gets-9-months-in-fire/): Photo Credit: Amanda Cowan/The Columbian
- [Recent Developments in Washington State Criminal Law](https://www.nicholaswoodlaw.com/recent-developments-in-washington-state-criminal-law/): As a DUI Lawyer in Vancouver, I would like to share some proposed changes in Washington State criminal law. Recently, Washington legislatures have passed several new criminal justice oriented pieces of legislation geared toward toughening up criminal laws in the state.
- [Changes in Felony Sentencing in Washington State for Juveniles Charged as Adults](https://www.nicholaswoodlaw.com/changes-in-felony-sentencing-in-washington-state-for-juveniles-charged-as-adults/): Houston-Sconiers and Roberts had life-changing sentencing ranges, that included firearms enhancement without any ability for a judge to exercise discretion about the appropriateness of their sentences based upon their ages. Consequently, Houston-Sconiers faced a sentencing range of 501-543 months (41.75-45.25 years) in prison and Roberts faced a sentencing range of 441-483 months (36.75-40.25 years) in prison. Much of which would result in no good time for either juvenile.
- [Habitual Traffic Offender in Washington State](https://www.nicholaswoodlaw.com/habitual-traffic-offender-in-washington-state/): It is important to note that the twenty traffic convictions can also include any criminal traffic convictions that I wrote about above. Therefore, you could have 18 qualifying traffic convictions and two qualifying criminal traffic convictions, as written about above and you could become a habitual traffic offender.
- [Felony Sentencing Under Washington State Law](https://www.nicholaswoodlaw.com/felony-sentencing-under-washington-state-law/): As a Criminal Defense Lawyer in Vancouver, WA, I often get asked about felony sentencing. Felony Sentencing under Washington State law can be a complicated proposition. This article is meant to give a general overview of Felony sentencing in Washington. For a more detailed analysis, please contact the Law Office of Nicholas Wood, P.S. and schedule a consultation.
- [Child Support Process in Washington State](https://www.nicholaswoodlaw.com/child-support-process-in-washington-state/): ​As a child support lawyer in Vancouver, WA, I've seen my share of child support and custody battles. Below describes how Washington State law determines the appropriate amount of child support to be paid each month by the non-custodial parent. A parent’s child support obligation in Washington State is based primarily on the parties' income, while also considering many other factors, such as work-related daycare expenses, medical insurance payments, uncovered medical expenses, long distance travel expenses, if applicable, and other considerations. The following information will give you a general idea of the issues involved in the process, but is not meant to cover every conceivable issue.
- [What is the process of a criminal trial in Vancouver, WA?](https://www.nicholaswoodlaw.com/what-is-the-process-of-a-criminal-trial-in-vancouver-wa/): A jury of six (District Court trial) or twelve (Superior Court trial) or judge (if you elect to waive your right to a jury) determining if you committed a crime or crimes. The prosecution has the burden of proving your guilt beyond a reasonable doubt, unless the defendant is asserting an affirmative defense, where you have the burden of proof of establishing the defense by a preponderance of the evidence. In my experience, most people do not have an understanding of the actual process of a criminal trial from start to finish. As a Criminal Defense Lawyer in Vancouver, WA I'd like to explain.
- [Things to Consider When Getting a Divorce](https://www.nicholaswoodlaw.com/things-to-consider-when-getting-a-divorce/): No one enters into a marriage thinking that they are going to get divorced.  However, the sad truth is that a significant number of marriages in the United States end in divorce for a variety of reasons.  If you are in a situation where divorce becomes a reality, then you need to think about how this will affect you in the future. Here is a brief overview of things to think about in a divorce case.
- [Obtaining or Defending a Domestic Violence Protection Order in Washington State](https://www.nicholaswoodlaw.com/obtaining-or-defending-a-domestic-violence-protection-order-in-washington-state/): As an attorney, I have been involved in Domestic Violence Protection Order (DVPO) litigation on both sides in multiple jurisdictions in Washington State. What I have learned is that jurisdictions vary greatly in regards to the amount of time, and the type of evidence that they will entertain in evaluating the merits of a Domestic Violence Protection Order case. Some jurisdictions will allow witness testimony from individuals who are not parties to the action, and some will not. In Clark County (Vancouver, WA), where the majority of my practice is, we are fortunate to have a judiciary that will allow (in most cases) additional evidence and testimony than simply the parties themselves, which ultimately can make the difference in the decision to either grant or deny the petition. If you are thinking about petitioning the court for a DVPO or are a named respondent in a DVPO action here are some things to think about:
- [DUI Lawyer Vancouver. Getting a DUI, what should I do?](https://www.nicholaswoodlaw.com/dui-lawyer-vancouver-getting-a-dui-what-should-i-do/): You are out and about, having a good evening with friends, family, or both. There is laughing, great conversation, and, like in many social settings, drinking adult beverages. You don’t feel like you are “drunk,” but maybe you feel “buzzed” or you aren’t 100% sure how you feel. Though you decide ultimately to drive. At some point during your drive, for whatever reason, you are pulled over and/or encounter law enforcement, and now it has become clear to you that you may be facing a DUI investigation. Now, you have to decide what to do next? This is the million-dollar question.

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- [Thank You](https://www.nicholaswoodlaw.com/thank-you-2/): Thank you for getting in touch!We appreciate you contacting us. One of our colleagues will get back to you shortly. Have a great day!
- [Military Courts-Martial Attorney](https://www.nicholaswoodlaw.com/military-courts-martial-attorney-vancouver-wa/): U.S. military members are subject to the Uniform Code of Military Justice no matter where they are around the world if they are on active duty.  In addition, in certain circumstances, reservists can also be subject to the Uniform Code of Military Justice. It is a system of justice that has advantages and disadvantages for service members.  Because of the unique aspect of this system of justice, it is vital to understand the culture of the service almost as much as the law, in order to navigate this unique justice system.  Consequently, it is vital to have an advocate who understands both, as your career and record may depend on it!
- [Traffic Ticket Lawyer Vancouver, WA](https://www.nicholaswoodlaw.com/traffic-ticket-lawyer-vancouver-wa/): JTVCZ3Jhdml0eWZvcm0lMjBpZCUzRDElMjB0aXRsZSUzRGZhbHNlJTIwZGVzY3JpcHRpb24lM0RmYWxzZSUyMGFqYXglM0R0cnVlJTVE
- [Divorce Attorney Vancouver, WA](https://www.nicholaswoodlaw.com/divorce-attorney-vancouver-wa/): Your divorce requires critical attention to detail and careful planning and preparation, My firm is well-versed in Washington State divorce laws and local Vancouver, Clark County, Washington practice. Whether your divorce is agreed or highly contentious, it still requires multiple court filings, a splitting of assets and liabilities/debts, and meticulously detailed documentation of all child custody and support decisions. Understanding the implications of those choices is critical to a successful post-divorce life. our divorce attorney will take you through each step, explaining everything in as much detail as needed for you to make the most informed and well-reasoned decisions possible on those issues. ​
- [DUI Lawyer Vancouver, WA](https://www.nicholaswoodlaw.com/dui-lawyer-vancouver-wa/): As a DUI Lawyer in Vancouver, WA, Attorney Nick Wood has handled hundreds of Driving Under the Influence (DUI) cases throughout his career. The Law Office of Nicholas Wood, P.S. offers aggressive legal representation in a wide variety of criminal defense matters especially DUI/drunk driving. Unlike a lot of crimes, in my experience, DUIs are the type of crime that almost anyone and everyone in society can face. And quite frankly, I have represented pretty much anyone and everyone in the social and economic spectrum in DUI cases. The common denominator for everyone who has faced a DUI case, regardless of their education, financial or family situation, was simply that they chose to consume alcohol (typically), drugs (much less frequently) or a combination of both (the rarest example), and then they chose to get behind the wheel and drive. Fortunately, the government has to prove much more than that to convict someone of DUI, but the process and headache of fighting a DUI just takes that simple set of circumstances to begin the “battle with the government”. Moreover, fighting a DUI can take a large toll on an individual both emotionally and financially.
- [Criminal Defense Attorney Vancouver, WA](https://www.nicholaswoodlaw.com/criminal-defense-attorney-vancouver-wa/): Vancouver, Washington criminal defense attorney Nicholas Wood provides aggressive thorough defense of all criminal charges including murder, attempted murder, vehicular homicide, rape, other sex offenses, vehicular assault, explosive cases, D.U.I., domestic violence, assaults, drug possession, theft, firearms, malicious mischief, burglary, robbery, reckless driving, negligent driving, driving while suspended, other misdemeanors, traffic violations, and juvenile cases. I represent clients at all stages of the case, from initial investigation, arrest, arraignment, pre-trial hearing and trial. Clients need to understand the charges they are facing, have an informed and detailed analysis of the issues in the case, explore their litigation options, and have presented the best defense of the case available to the prosecution and court. If you or someone you care about has been accused of a crime or questioned by law enforcement, call the Law Office of Nicholas Wood, P.S. immediately
- [Misdemeanor Expungement/Vacating Lawyer Vancouver, WA](https://www.nicholaswoodlaw.com/misdemeanor-expungement-lawyer-vancouver-wa/): Under Washington law, some misdemeanor convictions can be removed from your record through an expungement process. In fact, a significant number of misdemeanors can be removed under RCW 9.96.050, but some cannot be removed at all. First, you have to complete all the terms and conditions of your sentence. Then a period of time has to go by after completing the terms and conditions of your sentence (three years for most misdemeanors and five for DV offenses). Second, you have to have a misdemeanor conviction that is eligible for vacation. The misdemeanor vacation statute specifies that the following cannot be removed RCW 46.61.502 (driving while under the influence), 46.61.504 (actual physical control while under the influence), 9.91.020 (operating a railroad, etc. while intoxicated), or the offense is considered a "prior offense" under RCW 46.61.5055 and the person asking for the vacation has had a subsequent alcohol or drug violation within ten years of the date of arrest for the prior offense; The offense was any misdemeanor or gross misdemeanor violation, including attempt, of chapter 9.68 RCW (obscenity and pornography), chapter 9.68A RCW (sexual exploitation of children), or chapter 9A.44 RCW (sex offenses). Finally, you want to be vacated was a violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense ​​
- [Felony Expungement/Vacating Lawyer Vancouver, WA](https://www.nicholaswoodlaw.com/felony-expungement-lawyer-vancouver-wa/): Under Washington law, some felony convictions can be removed from your record through an expungement process. Said another way, not all convictions can be removed. In order to have a felony conviction vacated under Washington law, the person must first have been discharged under RCW 9.94A.637 What this means is that they have received a certificate of discharge from the court, which is a document that states that the person has completed all the requirements of his or her case. This is a required prerequisite before a vacation of a felony can occur. Once this certificate of discharge is received, the person applying for the discharge can apply assuming they can meet the test below.
- [Gun Lawyer Vancouver, WA](https://www.nicholaswoodlaw.com/gun-lawyer-vancouver-wa/): Gun Lawyer from The Law Office of Nicholas Wood can possibly help you restore your right to bear arms. Contact us if you've lost the privilege to possess a firearm.
- [Civil Protection Orders](https://www.nicholaswoodlaw.com/civil-protection-orders-lawyer-vancouver-wa/): A court order issued on behalf of a petitioner who successfully proves to the court that he or she is a victim of unlawful harassment, as defined under Washington law. “Unlawful harassment’ under Washington law means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct would cause a reasonable parent to fear for the well-being of their child.” One of the most common examples of an anti-harassment order case I can think of involve neighbors.
- [Child Support Attorney Vancouver, WA](https://www.nicholaswoodlaw.com/child-support-attorney-vancouver-wa/): As a Child Support Attorney, I know Child support cases can seem simple enough at first glance, but the reality is they can be tricky. The Law Office of Nicholas Wood, P.S., is a zealous advocate for its clients and will do everything it can to maximize your chances of success in your child support case.
- [Divorce Lawyer Vancouver, WA](https://www.nicholaswoodlaw.com/divorce-lawyer-vancouver-wa/): Divorce is a turning point in your life. The issues decided in the divorce process will impact you for years to come. Asset division, parenting plans, child support, spousal maintenance, are all issues that are typically addressed in a divorce. Let our experienced divorce lawyers help you navigate these complicated and emotionally draining issues. I will give you straightforward, honest, and detailed advice on how best to address these issues.
- [Family Law Attorney Vancouver, WA](https://www.nicholaswoodlaw.com/family-law-attorney-vancouver-wa/): At the Law office of Nicholas Wood, our family law attorney offer exceptional legal representation in a wide variety of family law matters. These include divorce, child support, child custody, mediation, adoptions, modifications, and enforcements. To learn more about our family law practice, or to discuss your unique case, contact our office and schedule a free initial consultation.
- [Drug Defense Lawyer Vancouver, WA](https://www.nicholaswoodlaw.com/drug-defense-lawyer-vancouver-wa/): Drug Crimes can have a devastating impact on your life, whether you are charged with mere possession or something more serious like distribution, manufacture, or delivery.  If you have been investigated or charged with possession of a controlled substance, delivery of a controlled substance, manufacture of a controlled substance, delivery of a controlled substance or other drug-related offenses, get help from a Drug Defense Lawyer in Vancouver, WA.
- [Domestic Violence Attorney Vancouver, WA](https://www.nicholaswoodlaw.com/domestic-violence-attorney-vancouver-wa/): The Law Office of Nicholas Wood, P.S. has represented hundreds of people accused of domestic violence offenses.  From the perspective of a Domestic Violence attorney, no case is exactly the same, and it is very important to not only understand how to flush out the weaknesses in the government’s case but also ensure that the prosecution understands that there is a human being whose life will be affected by the results of this case.
- [Felonies & Misdemeanors Lawyer Vancouver, WA](https://www.nicholaswoodlaw.com/felonies-and-misdemeanors-lawyer-vancouver-wa/): Let The Law Office of Nicholas Wood, P.S’ years of successfully representing clients on felonies and misdemeanors in the Vancouver/Clark County area provide you with the counsel and peace of mind you deserve for your criminal defense needs. We represent clients on all felony and misdemeanors.
- [Traffic Lawyer Vancouver, WA](https://www.nicholaswoodlaw.com/traffic-lawyer-vancouver-wa/): Contact me today for a free traffic ticket case consultation, and we can discuss all of these issues together.
- [DUI Attorney Vancouver, WA](https://www.nicholaswoodlaw.com/dui-attorney-vancouver-wa/): As a DUI Attorney in Vancouver, WA Attorney Nick Wood has handled hundreds of Driving Under the Influence (DUI) cases throughout his career. The Law Office of Nicholas Wood, P.S. offers aggressive legal representation in a wide variety of criminal defense matters especially DUI/drunk driving. Unlike a lot of crimes, in my experience, DUIs are the type of crime that almost anyone and everyone in society can face.  And quite frankly, I have represented pretty much anyone and everyone in the social and economic spectrum in DUI cases.  The common denominator for everyone who has faced a DUI case, regardless of their education, financial or family situation, was simply that they chose to consume alcohol (typically), drugs (much less frequently) or a combination of both (the rarest example), and then they chose to get behind the wheel and drive.  Fortunately, the government has to prove much more than that to convict someone of DUI, but the process and headache of fighting a DUI just takes that simple set of circumstances to begin the “battle with the government”.  Moreover, fighting a DUI can take a large toll on an individual both emotionally and financially.
- [Criminal Defense Lawyer Vancouver, WA](https://www.nicholaswoodlaw.com/criminal-defense-lawyer-vancouver-wa/): At the Law Office of Nicholas Wood, we offer aggressive legal representation in a wide variety of criminal defense matters. These include DUI/drunk driving, domestic violence, weapons crimes, juvenile crimes, white-collar crimes, theft and other property crimes, drug crimes, moving violations, and other felonies and misdemeanors. Contact us today and get help from a criminal defense lawyer in Vancouver, WA.
- [Attorney Profile](https://www.nicholaswoodlaw.com/attorney-profile/): Professionally, Nick has worked in a variety of legal advocate positions over the course of his 17 year legal career including: Legal Intern at the Clark County Prosecuting Attorney’s Office, Judge Advocate (JAG) for the United States Airforce, over 11 years as a private practice attorney in Vancouver, WA, and almost 5 years as a part-time Municipal Court Judge.
- [Firm Overview](https://www.nicholaswoodlaw.com/firm-overview/): In 2006, Nick opened his private practice law office, located at 2901 Main Street, Vancouver, WA 98663. Over the last 12 years, Nick has helped his clients successfully navigate a wide variety of criminal and civil legal issues ranging from complex Family Law cases (divorce, third-party custody, parenting plan modifications, etc.) to life-affecting criminal charges like Vehicular Homicide, Attempted Murder, Wide-Ranging Domestic Violence Offenses, DUIs, Protection Orders, Traffic Infractions and other legal matters. The Law Office of Nicholas Wood, P.S. provides our clients the best legal advice possible and the aggressive representation they deserve. If you need representation for criminal defense, protection orders, and/or traffic violations/infractions, get the top-notch legal defense you deserve. Call or Contact the Law Office of Nicholas Wood, P.S. today.
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- [Legal Blog](https://www.nicholaswoodlaw.com/legal-blog/)
- [Testimonials](https://www.nicholaswoodlaw.com/testimonials/): Nicholas Wood's ReviewsPosted by Tina Ferrante in Google on 9/2018 I interviewed many lawyers before I found Nicholas Wood. I trust Nick with my safety and the safety of my children. He is very knowledgeable and experienced. He was always available when I needed him. He communicates well and always explained things to me in a way I could understand. He's fierce with a soft heart. I couldn't recommend him more.Posted by Daniel Koontz in Google on 9/2018 Nicholas Woods is a fantastic attorney. He knows what exactly what he's doing, and he gets straight to the point on getting the job done and achieving a desirable outcome. I highly recommend his services and will use them again in futurePosted by Janna Hess in Google on 8/2018 Nick exceeded all of my expectations! Extremely knowledgeable and hardworking he never beat around the bush, and the outcome was EXACTLY what he said it would be! And he is very affordable and flexible hours. I am so grateful to Mr. Wood! Highly recommendedPosted by Ryan Johnson in Google on 6/2018 Mr. Wood went above and beyond on my case and did better than I hoped for. He costed more than other attorneys that offered to take on my case, but he has the experience and knows how to get things done. Would highly recommendPosted by Tony Hadfield in Google on 5/2018 I could not recommend Mr. Wood higher. He took the time to understand the details, worked hard and did not nickel and dime me to death. I met with a lot of lawyers before choosing one to represent me in my divorce, and I could not have made a better choice.
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- [About Us](https://www.nicholaswoodlaw.com/about-us/)
- [Home](https://www.nicholaswoodlaw.com/): Founded in 2006, the Law Office of Nicholas Wood, P.S. has been providing aggressive and straightforward legal counsel to individuals and families in the greater Vancouver, Clark County WA area. Our practice specializes in Criminal Defense and Family Law. With over 19 years of legal experience, we are prepared and knowledgeable to competently navigate our client’s through even the most challenging legal issues. Contact our experienced Vancouver lawyers for a free consultation.