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Wednesday, April 14, 2010

Snohomish County District Court, Cascade Division Suppresses BAC in DUI Cases

In Snohomish County District Court, Cascade Division a motion was brought to suppress the BAC results in a DUI case based on the fact that measurements made by scientific instruments such as gas chromotographs are uncertain in nature due to the variables involved in the measurement process.  In a well thought out decision the Court in Cascade Division, Snohomish County District Court held that the BAC results must be suppressed and is not admissible based on ER 702 (Rules of Evidence) due to the “absence of a scientifically determined confidence level because it represents the facts and therefore cannot be helpful to the trier of fact.”  Commissioner Moon, who ruled on behalf of the court, must be given credit as he clearly took the time to research the relevant issues before making this difficult decision.  In arguments such as these a well educated and thorough decision is always respected no matter the result.  The result in this case however was in favor of the defendant.

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island 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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