Legal Question in DUI Law in Washington

Re: Contributing alcohol to a minor, guilt by association?

It appears there is a weak circumstantial case against you. It is always advisable to be represented by an attorney, considering that you will be facing a prosecutor who tries cases for a living.

If you represent yourself, request copies of the officer's reports and witness statements, along wth the prosecutor's witness list with contact information.

With respect to your motion to dismiss, you must file the motion, set it for a hearing (unless heard at pretrial hearing) and give at least 7 days notice to the prosecutor (check local court rule). Your motion might be considered a Knapstad motion. The opinion excerpt below was taken from State v. Lansdowne, 111 Wash.App. 882, 46 P.3d 836 (Wash.App.Div.3 05/28/2002). It will give you an idea of how a court will evaluate your motion to dismiss. Again, you should seek legal counsel. If you cannot afford an attorney, apply for court appointed counsel.

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In State v. Knapstad, 107 Wn.2d 346, 352, 729 P.2d 48 (1986), the Supreme Court noted that a trial court has inherent power to dismiss a criminal prosecution for insufficiency of the charge. In recognition of that power, the Knapstad court held that a trial court may entertain a pretrial motion to dismiss if there are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt. State v. Dunn, 82 Wn. App. 122, 125, 916 P.2d 952 (1996) (citing Knapstad, 107 Wn.2d at 356). The court considers the evidence and the reasonable inferences in the light most favorable to the State when determining whether to grant a motion for dismissal under Knapstad. State v. Jackson, 82 Wn. App. 594, 608, 918 P.2d 945 (1996). A motion for dismissal under Knapstad cannot be sustained if a rational fact finder could find the essential elements of the crime beyond a reasonable doubt. State v. Bradford, 60 Wn. App. 857, 862, 808 P.2d 174 (1991).

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