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Sunday, July 18, 2010

Snohomish County Evergreen Division Denies DUI Uncertainty Motion

Recently in the State of Washington DUI Defense lawyers have been raising an issue in courts arguing that unless the State (or City) can prove the reliability of the BAC breat test machines then the evidence obtained must be suppressed.  The very basic idea is that there is a margin of error in these results, as with any machine, and that the State/City should supply to the Defendant what the margin of error is.  The State and City, by way of the Washington State Toxicology Laboratory, has failed to do this.  Anyway, the Judges in Evergreen Division, Snohomish County, heard this motion on July 16th, 2010, and ruled that the evidence is not to be suppressed by that the State must provide the margin of error if requested by the Defense.  Mixed results but it does keep the State honest - which is nice and frankly, an absolute requirement in keeping the system fair and just.For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Whatcom County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com



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