Ruling likely delayed on DUI testing
Published 11:17 pm Wednesday, November 7, 2007
LYNNWOOD — It could be weeks before Snohomish County District Court judges decide whether breath-test results can be used in 30 cases being challenged by defense attorneys because of mistakes in adjusting machines used to detect drunken drivers.
A panel of judges Wednesday gave prosecutors a week to respond to recently submitted evidence, Judge Carol McRae said. After that, heavy court schedules could put a decision off for weeks, she said.
The judges will need time to review hundreds of pages of evidence, testimony and transcripts that have been submitted in an attempt to discredit handling of the breath-testing machines. McRae said a written decision will be issued.
The argument Wednesday was heard in the south division of the court, including all three judges assigned there. In addition, Judge Patricia Lyon of the Evergreen division in Monroe, joined the panel.
Prosecutors maintain that the machines operated by the Washington State Patrol are fine, the readings are accurate and the results should be allowed in court.
The controversy stems from allegations that a former State Patrol toxicology lab manager, Ann Marie Gordon, falsely claimed to have verified solutions used for breath tests in drunken driving cases.
Gordon resigned in July after someone reported that she had falsely signed affidavits under oath saying she had tested the quality-assurance samples, when in reality those tests had been performed by someone else.
Bellevue attorney Theodore Vosk told the judges Wednesday that defendants have been prejudiced because the breath-test evidence is “tainted with perjury.” He also maintained that defendants would have to hire an expert to counter breath-test operators in order to get a fair trial.
At issue is certification of control solutions used in state breath-testing machines.
Deputy prosecutor Andrew Alsdorf told the judges the machines are fine, their results are accurate and that the toxicology lab followed its rules in certifying the machines.
The Snohomish County case is one of a series of defense assaults.
Skagit County judges last month blasted the toxicology lab for its mistakes, but said that the breath-test results could still be legally admissible in their courts.
A similar argument is scheduled later this month in King County. Other courts are not obliged to follow the Skagit ruling.
Reporter Jim Haley: 425-339-3447 or jhaley@heraldnet.com.
