 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
206-382-9200 P Pacific Building |
 |
 |
Lewis v. DOL : Read the Case |
||
 |
|||
 |
|||
 |
|||
 |
Recent Cases
Summary : Lewis v Department
of Licensing, (2005)
In each of these linked cases, video cameras
mounted in police cars made audio recordings of the conversations between
arresting officers and drivers stopped for suspicion of driving under
the influence of intoxicants (DUI). The drivers, Steven Lewis and Kenneth
Higgins, assert that the recordings violate their privacy act rights
because they did not comply with the Act's 'in-car video' procedures.
Read the full documentation of the case...
Summary : Seattle v. Munoz, (2004)
Breath tests in Washington State
cannot be admitted when the thermometer used in the simulator solution
(in
the
large glass
jar
behind the machine)
is not certified correctly. The Supreme Court of Washington said that
the State Toxicologist, Dr. Barry Logan incorrectly certified the breath
test machines. This case is limited in its application because the
Washington State Patrol changed their process of certification in the
summer of 2003, when this court challenge arose. Interestingly, in
the summer of 2004, Dr. Logan changed the law again to allow machine
results into jury trials and hearings if he “approved” the
machine himself. We are expecting good results from cases where the
breath test was prior to June 10, 2004 and the prosecution comes after
that date.
Read the full documentation of the case...
State of Washington V. James Bruce
Rankin (2004)
Docket Number: 72509-8
Filed June 10, 2004
Read the full documentation of the case...
Summary : Cannon v. Department
of Licensing,
147 Wn.2d 41 (2002)
Washington Administrative Code Section
448-13-040 mandates that the state has the burden and must offer
evidence that the simulator solution
thermometer was certified according to Washington Administrative
Code section 448-13-035 for the breath test results to be admitted. This
is a great decision which was made unanimously (9-0).
Read the full documentation of the case...
Summary : Seattle v. Allison, 148 Wn.2d 75 (2002)
The breath test document itself is admitted into evidence if it reflects
that the simulator solution temperature was within the acceptable range
(+/- .2*C
of 34*C)
This intellectually flawed decision allows breath test to be admitted even when the thermometer variance takes the temperature range beyond the limits of +/- .02*C.
This unfortunate decision was decided by a 6-3 majority.
Read the full documentation of the case...
Summary : State v. Shaffer (2002)
This case struck down the States attempt to
count a prior reduced charge of reckless driving as a prior offense for
sentence
enhancement
purposes.
The Court decided that the DUI sentencing statute was unconstitutional.
If the State did not prove the prior DUI charge beyond a reasonable doubt
at trial or take a plea of guilty from someone it cannot be considered
a prior DUI conviction for purposes of enhancing the sentence. A prior
charge of DUI does not count as a conviction for a DUI if it was reduced
to some lesser charge, such as, in this case, reckless driving.
© 2006 The Law Offices of Kevin Trombold, LLC.