Wednesday, November 19, 2008

King County District Court BACs

The King County District Court is still suppressing all BAC test results based on the problems at the State Toxicology Lab. Most judges will sign orders at arraignment, and the State will make its "standard objection." Simply reference the three-judge panel ruling in State v. Ahmach.

Please also remember that Ahmach was a King County District Court case. In your local jurisidction, or with a City case, it likely does not apply. Some prosecutors are still stipulating to not offer the tests, although back-dooring it to improperly justify conditions of release, sentencing, or threatening to use it as rebuttal evidence. Feel free to post any updates on local BAC rulings here at WADIB. For suggestions on how to phrase orders for collateral estoppel purposes, please contact me. That sort of information need not be shared through WADIB.

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