DUI Enforcers!

Court of Appeals Rejects Measurement Uncertainty as Foundation in DUI cases!

Thursday, August 01, 2013 11:10 AM | Anonymous

After over two years of litigation in cases ranging from Vehicular Homicide to DUI, the court decisively settled the Measurment Uncertainty issue.  The defense had argued the State is required to provide measurement uncertainty calculations to the defense as part of its discovery and must also offer that evidence at trial along with the test. 

History of Case: Following a 6-day hearing involving 4 expert witnesses, the 3-judge trial court panel agreed with the defense and ordered measurement uncertainty calculations be provided in discovery and at trial or risk suppression.  King County was granted a writ of review and Judge Kessler reversed the trial court ruling on all bases.  The Decision on Appeal: The Court of Appeals Division 1, the Fausto court utterly rejected the defense arguments and affirmed Judge Kessler.  

The full opinion may be read here. 

Congratulations to the DPAs at King County who worked the issue and both the State Toxicology Laboratory and Impaired Driving Section for their time and expertise on this issue!

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