Kevin Trombold and a team of lawyers, including Ted Vosk and Andy Robertson, won a victory in the King County Courts of Washington State that has been talked about across the state, the nation and even on other continents. A three-judge panel ruled that the Washington State DUI Toxicology Lab wasn’t practicing good science. In fact, the order of the court questions the integrity of the lab and its decision to play games with justice when people’s lives are at stake. The court ruling called for the prosecution and the lab to cease the false presentation of breath test evidence from the lab.
Never before has the Washington State DUI Toxicology Lab been ordered to “tell the truth.” They have always presented evidence to judges and juries that there is no error associated with their breath testing system, which is false. Any scientist that isn’t involved in prosecution will quickly recognize that all measurement has error associated with it. Now the prosecution oriented “scientists” who testify for the Washington State DUI Toxicology Lab will have to acknowledge the truth as well. In the judges own words…
…we hold that the historic standards of justice – contained in the federal constitution case authority and court rules – require that the State present breath test readings both in pretrial discovery and at trial, showing their true value, rather than wrapped in such a way that a false picture is presented, either to the defendant or to the trier of fact.
You can read the order of the court here.