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Advantages of Hiring Local Attorneys For Your Criminal Case
By Paul Aragones

We all need a helping hand from time to time. But when you are charged with a serious criminal offense, that hand of help should come from a capable criminal defense attorney. After all, that hand holds your fate-whether you’ll be acquitted or convicted of the crime charged against you.

The primary task of a criminal defense attorney is to guide you through the legal proceedings of your case. If you are charged with a crime in Seattle or in the state of Washington, your best choice for an attorney is a criminal defense attorney in Seattle. Local attorneys will serve you better as they are familiar with the state’s laws and it’s court system and proceedings. A local criminal attorney will also be familiar with the state prosecutors and judges and rulings. Hence, he or she can anticipate any latent issues that may be brought up in the trial. He or she could also tell you the effects a legal procedure would have on your case.

A local criminal defense attorney should also exhibit an expertise and experience in handling the defense. Look into their experience by comparing the number of cases they have tried and settled, and the number of cases they have tried and won.

In addition, when choosing a capable criminal attorney, make sure that you choose an attorney that specializes in cases similar to yours. Criminal attorneys in Seattle can cover criminal cases involving murder, assaults, sexual offense, domestic violence, kidnapping, robbery, drug offense, traffic violations, DUI, and vehicular manslaughter.

A capable criminal defense attorney should be able to identify your rights, explain to you the charges filed against you, what does it entail, what are its implications, what does the prosecution need to prove, and how can evidence be used against you. He or she should also tell you what to expect should you settle or push for a trial.

Never trust an attorney that promises an acquittal or victory right at the beginning. The justice system is complex; no one can ever predict the precise outcome at all times.

Make sure that your criminal defense attorney provides a complete coverage of your legal needs. He or she should cover the details of your arrest, posting bails, contacts with the police and prosecutors, as well as the coverage of any criminal charge. Make sure that you receive a guarantee of trial preparation. Some criminal defense attorneys would represent their clients during negotiations for plea bargains and settlements, but refuse to represent them in court. A good criminal defense attorney should follow you through the entire legal process.

Being accused and charged of a criminal offense can be one of the most harrowing events in your life. Aside from the financial and emotional battles that you have to deal with, you will also have to deal with the state and prosecution’s determination to prove your guilt beyond reasonable doubt. But with the help of a capable criminal defense attorney in Seattle, you’ll have the best chance of defending your stance and clearing your name.

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Why You Should Hire a Criminal Lawyer As Soon As Possible
By Christopher Small

You screwed up. You decided to do something stupid for some reason, and it ended up getting you arrested and charged with a crime. Not only are you nervous about what the outcome means (possible jail time, possible fines, if it’s a DUI possible loss of driving privileges) but about the embarrassment this is causing you. You have to take off of work and hire an attorney. It’s all just a lot.

The one thing that is not going to help, that I see all to often, is waiting until the last minute to hire an attorney. I am a criminal defense attorney, primarily doing DUI defense and traffic defense (even though it isn’t technically criminal in Washington State, it has the same principles) and I can’t tell you how many times people call me the day before they have a hearing and want to hire me. Not only is it bad for me, but it’s bad for you, so I thought I’d explain why you should hire a criminal defense lawyer as quickly as possible if you are charged with a crime or think you are going to be charged with a crime.

1. Damage Control

Despite how silky smooth you might be with the police, the fact is, an attorney knows what you can and can’t say to a police officer, what they can and can’t do to you, and when you should shut your mouth and stop talking with the police. I don’t know how many times I’ve seen people who think they are doing the right thing make tremendous mistakes when dealing with the police.

A criminal lawyer is trained to be your mouthpiece toward the police and the prosecutor. They will keep you from saying things that will get you in trouble and things that will help the prosecutor nail down their case against you.

2. Investigation

The sooner you hire a lawyer the sooner they can begin working on your case. This means tracking down and talking to witnesses who might forget the incident as time wears on, or getting the police reports and dissecting what the police have said in their statements. They can also help thwart the investigation against you, mainly by getting you to be quiet and not help out the police.

3. You Can Pick the Right Person for You

Picking a criminal defense attorney is one of the hardest things out there to do. First, like car mechanics, there are a lot of them out there. Second, like car mechanics, some are really good and really fair, and some will take the shirt of your back when you aren’t looking. How do you tell the difference? You have to take the time to speak with at least two attorneys, and then, after you speak with them, try to find out something about them. What is their reputation like? Call another attorney and ask if they’ve heard of them.

But, whatever you do, please don’t pick on price. If you do, you deserve what you pay for. A higher price doesn’t necessarily mean a better attorney, but most of the time it will reflect a greater depth of work for you and a greater base of knowledge. Take the time to get to know who you are working with so you can trust that they will do what is best for you.

4. The Case Will Not Go Away

No matter how hard you wish, waiting to hire an attorney will not make your case go away. It will just make the judge mad and the prosecutor think you are untrustworthy. Not having an attorney for your first hearing is sometimes unavoidable because of how quickly they can be scheduled. But you should have someone on your side well before your second hearing. And waiting isn’t going to make it any better.

Hiring an attorney is a difficult thing to do. But if you start early you can find someone who you can trust and someone who will do a good job for you.

Christopher Small is a Seattle DUI attorney and Bellevue DUI attorney with CMS Law Firm LLC. If you have been charged with DUI in Seattle or Bellevue, don’t wait, call us today for a free consultation. We can help you fight your DUI.

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Seattle, Washington Car Collisions in Work Zones Result in Needless Injuries
By J. Bisnar

Car collisions have become a growing concern to residents of Seattle, Kings County, Washington, which has construction projects constantly changing its streets and skyline. Unfortunately, as any Seattle car accident attorney will tell you, these projects can also cause traffic problems and car accidents in areas known as work zones.

On Jun 22, 2007, the Seattle Post Intelligencer reported that a construction worker was killed and another injured when a car drove through a clearly marked work zone on Interstate 405. For some reason, drivers seem to travel at dangerously high speeds through construction zones. Most car injury attorneys agree, motorists do not realize that construction workers are extremely vulnerable to a careless or inattentive driver. It takes just a split second for a car to veer one or two feet into a worker who may or may not be paying attention to traffic.

In a divided roadway, a work zone includes the immediate vicinity within the opposing lanes of traffic. Car crashes in these areas need not necessarily stem from the work activity. They are often caused when traffic must suddenly stop or even slow down, either at the work area immediately ahead of it.

The most common cause of work zone car collisions is speeding and inattentive driving. In Seattle, speeding in a work zone is a serious traffic offense. If you are cited for speeding, there is no mitigation and tickets carry a double fine.

Seattle accident attorneys will tell you that the most common work-zone accidents are rear-end car collisions, followed by striking fixed objects and same- direction sideswipes. Fixed objects most often struck include temporary traffic signs, barricades, construction materials and crash cushion-impact attenuators (such as water or sand barrels).

Most work-zone collisions occur from noon to 3:00 p.m. in clear or partly cloudy weather conditions. On average, cars striking or being struck by construction machinery occurred only 2 percent of the time. Striking a concrete barrier occurs most frequently, accounting for an average of 29 percent of the collisions from 2000 to 2005. Thankfully, collisions involving these types of barriers have declined 27 percent during this same period.

A 2003 FHA report revealed that between 1996 and 2001, work-zone car crashes resulted in 3,994 personal injuries and 28 fatalities in the state of Washington. In a six-year period, Seattle suffered 326 work-zone collisions.

2005 marked a reversal in a six-year downward trend. Fatal car collisions and non-injury collisions increased.

Work-zone accidents can be prevented if drivers would simply slow down as they approach a construction area. Drivers should also refrain from tailgating, which is another cause of many work-zone accidents.

Since their founding in 1978, Bisnar Chase lawyers have represented over four thousand people in auto, motorcycle, truck, pedestrian and other personal injury cases. The law firm has an “AV” rating, the highest level of professional excellence, by Martindale-Hubble. John Bisnar, who is the author of this article, and Brian Chase each have a “10″ Avvo rating, the highest possible. John was named a “Community Hero” by the United Way, while Brian was named a “Trial Lawyer of the Year” in 2004 and one of the 2007 Top 100 Trial Lawyers. More important than all their top ratings and awards are the testimonials their clients bestow on them. Aren’t these the type of guys you want representing you? For more information on Seattle, Washington car accident lawyers, visit the Bisnar Chase web site at http://www.bestattorney.com or call 1-800-561-4887.”

Copyright 2009 Bisnar Chase LLP. All Rights Reserved.

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Boating Under the Influence – An Overview
By Christopher Small

It’s summertime. The weather is hot, the beer is flowing, and the lake is the place to be. And in a nice boat with some friends is the place to be seen. Until you see the water police pulling up along side of you. They check your life jackets, your boat safety, and some other procedural things, and then they start to dig in – “had any alcohol to drink today?” Don’t get popped with a boating under the influence charge, read on to learn more about BUI and how to avoid one.

Before I begin, however, I want to point out that the examples I’ll be using are from Washington State law, including Seattle and Bellevue municipal law. These laws, though likely similar to the laws of other states, may be different. Please don’t rely on this information as fact if you live in another state, or if you even live in Seattle. The examples are purely for informational purposes only. If you get in trouble you should contact a boating under the influence attorney to discuss your case with him. The purpose of this article is not to dispense legal advice, so please don’t take it as such.

If you are out boating on the water, chances are you or the people you are with are having some kind of alcoholic drink. What better place to have an ice cold beer than on the deck of a boat, right? And, for the most part, that is perfectly fine. Drinking and driving a boat is okay. What is not okay, however, is driving a boat while too impaired to properly operate it. And what that means, BUI, is essentially the same as for DUI – having a breath alcohol level of .08 or higher, and/or being too impaired to operate the boat properly.

The primary difference with BUI and DUI, at least in Seattle, Washington, is that the punishment is different. Unlike a Seattle DUI, a Seattle BUI doesn’t carry the license suspension or the extremely harsh penalties a DUI does. And the reason, at least for the license issues, is simple – you don’t need a license to drive a boat. Because of that, taking away your boat driving privileges is fairly difficult. And, because MADD and SADD don’t particularly care (yet) about BUI, the penalties, at least in the Seattle area, for boating under the influence, is only a misdemeanor, carrying a maximum sentence of 90 days in jail and a $1,000 fine. This is significantly lower than for a driving under the influence charge.

Although the penalties are smaller, the same rules apply. If you are investigated for BUI, you have the right to remain silent, you have the right to refuse to perform field sobriety tests and take a portable breath test, and you even have the right to refuse to take the DataMaster breath test (the statutory requirement doesn’t exist for BUI as it does for DUI). And, you always have the right to ask for a DUI lawyer the minute you are arrested. You should exercise these rights in order to have the best chance to beat a BUI charge (at least in Seattle).

In the end, the safest way to avoid getting in trouble on the boat is to drink responsibly or have a designated driver. But if you are going to take your chances, at least know the penalites. Contact a BUI attorney in your area to talk to them about what is at stake. And remember that it is okay to exercise your Constitutional rights, even if the cops aren’t happy about it.

Christopher Small is a Seattle BUI attorney and Bellevue BUI attorney with CMS Law Firm LLC, a Seattle based DUI and criminal defense law firm. If you have been charged with a crime, don’t wait to contact a lawyer. Call us today.

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How the Eminent Domain Process Works
By Christopher Small

The process of eminent domain, or condemnation, as it is also referred, is a very trying process. Not only have most people never heard of eminent domain or understand that the government has the constitutional right to take your property for public projects so long as they pay you just compensation, but they are ill equipped to spot errors in the state’s offer and negotiate a fair settlement amount for their property. This puts the government at a great advantage from the get go. In order to at the very least give you, the landowner, some understanding of condemnation so you have a voice in the sale of your property, I’m going to outline the usual process of an acquisition by eminent domain.

Before I begin, let me point out that this is not a process that you, as a landowner, should undertake yourself. Though you may be able to negotiate the sale of your property to the government and get some additional compensation, you will likely be leaving thousands of dollars out there because you weren’t aware that an item was compensable. The government has appraisers, right of way agents, and acquisition agents who are seasoned veterans at acquiring property under the threat of eminent domain. You should have someone on your side with the knowledge and experience to counter-punch. Only a good eminent domain lawyer can do that.

Now that that’s been said, the easiest way to do this is with an example. Let’s say that you live in Seattle, Washington and your house is located on the corner of what is fast becoming a busy street. Seattle, in an attempt to control traffic in the area, has decided to add an additional lane and make the middle lane a turn lane. In order to this, however, they are going to need additional right of way – this means they are going to need your property.

At this stage, in our example, the Seattle Department of Transportation will usually have a series of public meetings to let the landowners know about the plans, let them know about the need for additional property, and hear any specific concerns they have with the preliminary designs. In many cases the government is willing to listen and tweak their design if something pops up they didn’t anticipate.

Once the meetings have ended, the right of way plans will become finalized and the real journey begins. After a crew comes out and stakes or paints the new right of way boundary an appraiser hired by the city of Seattle will come out and appraise your property. In this case, because only a strip of property is being taken, they would likely determine what all of your property was worth before the taking and what the property you have left after the taking was worth. The difference would be the amount of just compensation.

When the appraisal is complete, Seattle would have their acquisition agents come out and present the offer of just compensation. At this point it would be imperative to hire a Seattle eminent domain lawyer. They can review the offer (and in Washington Seattle would pay for it) and provide guidance on anything that was missed in the appraisal. After the review your lawyer would draft a counter-offer to the city and a back and forth would begin.

In most cases, at some point the landowner and government reach an agreed to price for the property (sometimes well in excess of the original offer). If an agreement is reached the two sides execute a purchase contract, sign deeds, and the property is sold, much like when you purchased your property in the first place.

It is important to understand that the government is willing to negotiate for the sale of your property, recognizing that they often miss critical factors in determining just compensation. You are not a bad person for wanting what your property is worth, and you’re not a bad person for hiring a Seattle eminent domain lawyer (in the example). The government doesn’t feel bad for hiring experienced professionals to take your property, why should you feel bad for hiring one to make sure you get what you deserve?

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Can You Get a DUI While Riding a Bicycle?
By Christopher Small

Ever thought about going out for a night on the town and really turn up the fun but were concerned about how you were going to get home? Did you then wonder if you could just ride your bike up the block to the local tavern and ride it back down after your night of fun? Hopefully this article can answer your questions about whether or not you can be charged with driving under the influence (DUI) for riding a bike drunk.

Before I begin, however, let me point out that this article is for informational purposes only. I have not done a comprehensive search of each state’s laws regarding this question, so your state’s rules might be different. Before you decide to go out on the town and ride your bike drunk (or even ride your bike after drinking), please consult an attorney in your area just to make sure. Also, finally, the goal of this article is not to encourage people to ride their bikes drunk. Whether or not it is illegal, it is dangerous. The sole purpose of this article is to answer a question many people have.

Let’s set the scene here to help answer our question. Let’s say you are at home at night, in Bellevue or Seattle, Washington, for the purposes of the example, and you have a few beers while watching a game during the weekend. At the end of the game, hungry for some Dick’s, you hop on your bike and make the approximately 1 mile journey toward hamburger heaven. While on your way to the restaurant, you are pulled over by a police officer. The officer notes that you weren’t riding your bike straight, your breath smelled of alcohol, and your eyes were bloodshot (side note – you are guaranteed to see these physical symptoms almost one hundred percent of the time in police reports). After observing these signs, the officer asks if you’d be willing to take some field sobriety tests. You agree, and perform marginally (side note again – in Washington in particular, you should never agree to take field sobriety tests – you have no obligation to). At that point you are arrested on suspicion of DUI and taken down to the Seattle police station.

The question no becomes, is riding a bicycle while intoxicated a criminal act? The statute regarding driving under the influence, if, in our example, the guy was riding his bike in Seattle, reads, “A person is guilty of driving under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state…” RCW 46.61.502. Because of this, the questions then become, what is a “vehicle.”

Vehicle is defined in Washington statutes (in keeping with the example) as “including every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include power wheelchairs or devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. Mopeds shall not be considered vehicles or motor vehicles for the purposes of chapter 46.70 RCW. Bicycles shall not be considered vehicles for the purposes of chapter 46.12, 46.16, or 46.70 RCW. Electric personal assistive mobility devices are not considered vehicles or motor vehicles for the purposes of chapter 46.12, 46.16, 46.29, 46.37, or 46.70 RCW.” Chapter 46.12 covers certificates of ownership and registration. Chapter 46.16 covers vehicle licenses, and chapter 46.70 covers dealers and manufacturers. What this means is at this moment it appears as though bicycles fall into the definition of vehicles under the DUI statute.

But not so fast. One of the great things about American law is that the courts (and your Seattle DUI attorney) are able to argue not only the plain language of the law, but the intent of the legislature when creating the law. In this case, a review of the legislative intent, combined with a review of other statutes, shows that bicycles were never really intended to be included in DUI laws. First, regarding legislative intent. The legislature altered the definition of vehicle not to encapsulate bicycles for drunk driving purposes, but to encapsulate bicycles in the traffic rules and regulations. Before this definition was altered, bicycles were not technically required to follow the rules of the road. Including bicycles in the definition of vehicles allowed that to occur.

Second, the definition for all other DUI related rules appear to include a reference to motor vehicles and require at least exercising control over a motor vehicle. This further promotes the idea that bicycles and bicyclists were not intended to be covered by DUI statutes. Additionally, the penalty for drunk driving itself doesn’t make sense with someone on a bicycle. The primary punishment is suspension of driving privileges – only riding a bike doesn’t require a license.

So, at least in our Washington example, if you ride a bicycle while drunk, you most likely cannot be convicted of DUI. And this rationale seems to apply to most other states as well. But, as I mentioned previously, before doing anything, please speak with an experienced DUI or criminal attorney.

Christopher Small is the owner of CMS Law Firm, LLC, a Seattle criminal defense law firm. If you or someone you know is charged with DUI, don’t wait. Hire a Seattle DUI attorney or Bellevue DUI attorney today. The earlier you speak with and hire a criminal attorney, the better your criminal lawyer will be able to help you win your case.

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Should You Ever Refuse a Breathalyzer Test?
By Christopher Small

Getting a DUI is no fun. In fact, it is probably one of the least fun things that can ever happen to you. You face losing your driver’s license, stiff monetary penalties, jail time, and a mark on your reputation for a very long time. And, to top it off, those investigated and charged with DUI often have no idea how to exercise their rights and make decisions that can give them a much greater chance of beating their DUI. One of the areas people lack a substantial amount of knowledge is whether or not to take the breathalyzer test when given the option. Read below to learn a little more about your options.

Before I begin, however, I want to make sure you understand that this article is for informational purposes only. I am a Seattle DUI attorney, and as a Seattle DUI lawyer, I know a lot of information about DUIs in the Seattle area. What I don’t have a lot of information about is DUI law throughout the entire country or your particular case. Because of this, you should not rely on this information as legal advice. It is for informational purposes only, to give you an idea of the questions to ask your criminal defense attorney when seeking information.

In nearly every state in the United States, there are two ways to be guilty of drunk driving – driving when too impaired to drive, and driving with a blood alcohol content of .08 or over. The legislators in charge of making laws have decided that included in your responsibilities to drive are a per se rule that you should not drive if your BAC is over .08. Because of this, if you blow over .08, your license is automatically suspended for a period of time. And even further, by getting a driver’s license, you have impliedly consented to taking this test. That means if you refuse to take the test, you face an automatic license suspension that is even longer than if you took the test and failed, not to mention the increased criminal penalties.

Because of that, deciding whether to take the breathalyzer test or not is a very serious and important decision. And refusing to take the test may or may not make your day in court go any easier. This is because in most states prosecutor’s are allowed to use the fact that you refused to take a breath test against you, despite your fourth amendment right not to incriminate yourself. So, first things, first, before you refuse to take a BAC test, consult a DUI lawyer.

So, should you ever refuse to take a breathalyzer test? In some circumstances it can be beneficial. The first is when you need to actually beat a DUI conviction because of job responsibilities or some other personal circumstances. Although the prosecutor can use a breath test refusal against you, it is much less harmful if you can rely on the advice of an attorney in refusing the test (we know how inaccurate breath tests can be). This is why you should always speak with a DUI attorney before deciding whether or not to take the breathalyzer test. Limiting the evidence the prosecutor has can greatly increase your chances of beating a DUI outright.

So, should you ever refuse a breathalyzer test? There are times when it is appropriate. But to know what you should do in your particular situation, you should ask to speak with an attorney before making the decision. Only then can you know your options, how the decision will affect you, and what you should do to minimize the damage of an alleged DUI.

Christopher Small is a Seattle DUI attorney and Seattle criminal attorney with CMS Law Firm LLC. If you have been charged with a crime in the Seattle area, don’t wait to contact an attorney. Call us today for a free consultation to learn if we can help you fight your criminal charges and get the results you deserve.

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The Penalties of a Second DUI Usually Aren’t Worth the Risk
By Christopher Small

I often have clients that come to me for help because they have been charged with their second DUI. I am a Seattle DUI attorney, so I am there to do everything I can to help minimize the damage, including getting their DUI dismissed. But I often get the feeling that they don’t truly understand the consequences of a second DUI conviction, and if they did, maybe they would think twice about getting behind the wheel, if there is even the smallest chance of getting popped for a DUI.

As always, before I begin I want to stress that this article is for informational purposes only. The information here is not intended to be legal advice and should not be treated as such. If you are pulled over for DUI or arrested for DUI, call your DUI lawyer immediately and do not talk to the cops at all. And, if you have any questions after reading this article, please contact a local criminal attorney and ask.

First, it is important to understand that if you get a second DUI (within 7 years in Seattle, Washington) your penalties are dramatically increased. Special interests groups out there hell bent on making DUI a death penalty case have been extremely successful in getting DUI penalties as harsh as possible. Not only is mandatory jail time in the cards, but so is a lengthy driver’s license suspension. The punishment includes 30 days minimum of jail time (up to a year) and 60 days of electronic home monitoring and a minimum fine of $500. In addition, your driver’s license will be suspended for two years.

But that isn’t where the trouble begins. Often if you are charged with a second DUI, particularly if you recently received the first one, the prosecutor will ask for substantial conditions for you to be released from custody while your case is pending. And although the true goal of conditions of release is to protect the public and keep them safe, prosecutors argue that these conditions keep you sober, which keeps the public safe. These conditions include electronic home monitoring, alcohol monitoring, and other restrictive devices.

So, when considering whether or not to get behind the wheel and drive after having a couple of drinks, consider what the cost might be. And if you do get popped with that second DUI, don’t wait to call a DUI attorney. They have the knowledge and experience to get you the best result possible for your DUI.

Christopher Small is a Seattle DUI attorney and Bellevue DUI lawyer with CMS Law Firm LLC in Seattle, Washington. If you are stopped for DUI or charged with DUI, don’t wait to talk to a lawyer. Call us today for help.

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Car-Bicycle Accident Attorneys Applaud Seattle’s Steps to Reduce Pedestrian Accidents
By J. Bisnar

If you are a bicyclist in Seattle in Kings County, Washington, you are probably aware of the alarming number of Seattle car-bicycle accidents. With the increase in gas prices many are dusting off their old bikes and competing for space on the city’s streets to get to school and work. This makes sense, since traffic in some parts of the city slows to a crawl at 10 mph during rush hour. As car-bicycle accident attorneys will tell you, more cyclists on the road means more bicycle-car accidents. In 2005, Seattle suffered 15 bicycle accidents involving as many cars. These collisions resulted in two disabling personal injuries.

A cyclist dies every six hours in the United States and bicycle fatalities statistics have noted that nearly half of all bicycle accident victims are under 16 years of age.

Frequented by bicyclists, Seattle’s most dangerous intersection–Northeast Blakely Street and 25th Avenue Northeast–is flat, well lit, and controlled by a traffic signal. In fact, most cars do not exceed 30 mph and cyclists usually move along Burke-Gilman Trail, parallel to Blakely. Yet, according to Seattle’s Transportation Department, the crosswalk where the bike trail and 25th Avenue meet has seen eight serious bike-car crashes from 2003 to 2008—more than any other location in the city. A number of Burke-Gilman Street crossings are among those most dangerous to Seattle cyclists.

Also dangerous for bicyclists are certain sections of Capitol Hill and downtown. Most Seattle bike-car accidents occurred in daytime and in good weather. Since 2001, over 900 cyclists have been injured and five killed in Seattle car-bicycle accidents. In 2008, a 58-year-old man and a 28-year-old woman were among the fatalities.

Determined to reduce the number of car-bicycle collisions, Seattle wrote a bicycle master plan that many bicycle accident lawyers are sure to like. The goal was to promote cycling and reroute some bike traffic to improve safety. Key concerns are narrow streets with little room for bike lanes; Seattle is increasing traffic and construction; and the on-going battle between motorists and cyclists, each vying for more rights of way.

The master plan also addresses other key issues. These include the dangerous Second Avenue bike lane downtown; better east-west bike lane connections through the Aurora corridor; additional signs or lights at problem intersections; more bike carriers on buses; and connections between the city’s disparate bike trails.

Seattle officials hope that shared bike and car lanes will reduce the collisions and near-misses in the downtown Second Avenue bike lane. According to Transportation department figures, that 17-block, southbound stretch ranks among the city’s worst even through it’s a one-way street with a designated bike lane.

Cyclists need to obey the rules of the road and motorists need to be increasingly aware of their surroundings.

Since their founding in 1978, Bisnar Chase lawyers have represented over four thousand people in car, motorcycle, truck, pedestrian and other personal injury cases. The law firm has an “AV” rating, the highest level of professional excellence, by Martindale-Hubble. John Bisnar, who is the author of this article, and his partner Brian Chase each have a “10″ Avvo rating, the highest possible. John was named a “Community Hero” by the United Way, while Brian was named a “Trial Lawyer of the Year” in 2004 and one of the 2007 Top 100 Trial Lawyers. More important than all their top ratings and awards are the testimonials their clients bestow on them. Aren’t these the type of guys you want representing you? For more information on Seattle car-bicycle accident lawyers, visit the Bisnar Chase web site at http://www.bestattorney.com or call 1-800-561-4887. Copyright 2009 Bisnar Chase LLP. All Rights Reserved.

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Eminent Domain Law – Valuing Temporary Construction Easements
By Christopher Small

Eminent domain is generally the ability of the government to take private property for public purposes. It is a power granted by the Fifth Amendment of the United States Constitution, and exists to ensure the public has streets, sewers, electrical lines, and much of the rest of the public infrastructure that exists today. But, if the government is going to take your property, they must pay you “just compensation.” Just compensation is determined by figuring out what a seller would pay and a buyer would buy if there wasn’t the threat of the government taking the property. It sounds easy, but becomes difficult when applied in real life, particularly with temporary construction easements.

Before I go any further I want to stress to everyone reading this article that eminent domain is not something you should try to negotiate on your own. It is a very technical area of the law, and determining how to get the right amount of compensation for your property takes a lot of experience. Please don’t read this article and try to negotiate the sale of your property to the government on your own. Hire an eminent domain lawyer.

In many cases, the land to be used for the road, for example, is not the only property required to complete the public project your property is needed for. For example, if the Seattle Department of Transportation were widening Mercer Street, they would need not only the property for the actual road, but some property outside of that area to move their construction equipment, store supplies, and create what will eventually be the new street. This property outside the actual construction area is often referred to as a temporary construction easement, since once construction is complete the property is returned to the landowner.

But how is this valued? Traditionally it is valued in one of two ways: a set rental rate is established and applied to the amount of time the property is to be rented; or a percentage of the overall property value is taken and multiplied by the amount of time the property is needed. In either case, these numbers can vary widely and can be very far from the true value of the land that is lost for that time.

For example, let’s say that while widening Mercer Street, the Seattle Department of Transportation’s construction easement would shut off one of the driveways to your gas station, making it nearly impossible for traffic to get in and out of your business. The true value of the easement is much higher than the result using the above two methods. It may be the entire value of the income that could be derived from the property during the time the construction easement is being used.

Another problem with these methodologies is that it is often difficult to determine what an acceptable rental rate is or what an acceptable percentage of property value is. For example, as a renter of property in Seattle near Mercer Street, would you expect an 8% rate of return or a 10% rate of return? This difference could have a great effect on the final amount of just compensation.

Determining the value of temporary easements is difficult. It is not an exact science. If you are a landowner whose property is being taken for a temporary construction easement or other kind of temporary easement, please contact an eminent domain attorney today to help.

Christopher Small is a Seattle eminent domain lawyer who fights for landowners to make sure they get the compensation they deserve. If your property is being taken by the government, call CMS Law Firm LLC, your Washington eminent domain lawyers, today. Although located in Seattle we are available to help throughout the state of Washington.

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