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Division I joins Division III in City of Kent v. Kandler, Implied Consent warnings do not apply to Blood tests

Monday, May 15, 2017 1:16 PM | Anonymous member (Administrator)

In a thoughtful opinion, Division I of the Court of Appeals affirmed the King County RALJ court finding a driver who consents to a blood test is not required to receive the implied consent warnings.   Citing to both Division III (State v. Sosa) and the state supreme court (State v. Murray), the court rejected the defense argument that the implied consent warnings apply to blood tests after the September 2013 legislative amendments to RCW 46.20.308.  The trial court had concluded the warnings were required, suppressing the blood test results.  The City of Kent obtained a Writ of Review and the trial court decision is now reversed.   Congratulations to Michelle Walker for her work!

The slip opinion is here: Kent v Kandler 2017 Voluntary Blood Legal.pdf 

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