DOL Appeal - King and Pierce Co. Superior Cts.

For those of you in King Co.: Judge Kallas is taking over hearing RALJ appeals, including DOL matters. This is a welcome change from Judge Erlick, who ruled that Hearing Examiners can give whatever weight they want to breath test evidence, despite overwhleming evidence of protocol violations and misconduct. Judge Barnett, on the other hand, did rule favorably on this issue at a stay hearing (after an affidavit moved the case).

For those of you in Pierce Co.: Today, Judge Orlando ruled against a DOL RALJ appeal based on the Chromatograph 1 issue; he also ruled that Hearing Examiners can give whatever "weight" and "credibility" to BACs that they want. The argument, however, had nothing to do with the evidence's weight or ER 702 - it was strictly limited to foundational admissibility and 46.61.506(3). Nonetheless, he mentioned that he was ruling consistently with another case from a few weeks earlier. He also refused to find irreparable harm, although client had a CDL and lost his job due to the suspension. If your stay hearing is in Pierce Co., be advised to consider an affidavit.