State v. G.A. (NOT GUILTY AFTER TRIAL)
Client was stopped by a Washington State Patrol (WSP) trooper for traveling in excess of 15 mph over the speed limit on Northbound I-5 in King County. After admitting to having consumed a few drinks and agreeing to perform voluntary Field Sobriety Tests, client was arrested for DUI and transported to a WSP precinct. Client's alleged breath alcohol level came back at close to two times the legal limit. Evidentiary Motions were argued, and the judge found that the necessary protocol for a valid breath test, as set forth by the Washington State Toxicologist, had not been followed. Thus, any alleged breath test evidence was suppressed, and would not be heard by the trier of fact. At trial, the trooper testified, according to his training and experience, that client had consumed a considerable amount of alcohol prior to driving. The 6 jurors disagreed and came back with a Not Guilty verdict.
