Snohomish County prosecutors are girding for a challenge on the accuracy of breath-test results in drunken-driving arrests that could affect dozens of cases.
Defense attorneys are teaming up in counties throughout the state after problems surfaced at the state toxicology lab. They’re questioning the accuracy of breath-testing machines operated by the Washington State Patrol and other police departments.
A case that could influence how Snohomish County judges will rule on the issue is scheduled for Oct. 31 in the South Division of Snohomish County District Court in Lynnwood.
Judges from Everett, Monroe and Arlington District Courts have been invited to listen to the case’s argument and testimony. The hearing could continue over several days.
In July, the state toxicology lab manager resigned amid allegations that she signed false statements about her tests of quality-assurance solutions used in the machines. In the last few weeks, the lab announced that it discovered it erroneously calibrated breath-testing machines for the past years.
Around the state, defense lawyers say the lack of quality assurance could mean inaccurate readings.
“It’s appalling that they haven’t been doing what they said they were doing,” said Mark Garka, a Lynnwood attorney who is working with the defense group to throw out breath-test evidence. “Due process is not being complied with, and we have to question the whole system.”
Defense attorneys are asking for dismissal of cases, or at least the exclusion of breath-
machine evidence in trials.
The issue was argued last week in Skagit County, and a decision there could come this week. The same argument is expected to soon be made in King County, Garka said.
Lawyers said they wouldn’t be surprised if different courts might come to different decisions. That could result in appeals to higher courts and eventually involve the state Supreme Court, Garka said.
The breath test frequently is the most important piece of evidence for the prosecution in a drunken driving trial, said Laura Martin, who heads public defenders in Snohomish County District Court.
“We’re looking at all the cases where the results could be affected by removing the breath or blood test,” Martin said. She believes state toxicologists have compromised the accuracy of the machines, affecting cases across the state.
Juries often expect the state to produce results of a breath test, Snohomish County Prosecuting Attorney Janice Ellis said.
“When (prosecutors) don’t present it to them, they assume somebody made a mistake,” Ellis said. “So, they hold that against us.”
Other evidence, such as testimony about field sobriety tests, also can be used.
Under the law, however, a breath reading of 0.08 is presumed intoxication no matter what the results of field tests indicate.
Randy Yates, lead deputy prosecutor for the county District Court system, argues that the breath tests are still reliable because a number of toxicologists have been involved in calibrating the machines.
The whole breath-test program has so many redundancies that the actions of the lab manager do not compromise the work, Ellis added.
Lawyers said they don’t know if a ruling throwing out breath-test results would affect cases that have already been to court. “I just know we are fully prepared and ready to respond to any arguments,” Yates said.
Hanging in the balance could be dozens or more cases across the county, Yates said.
Public defender Martin believes the number of affected cases could be much higher.
Some 3,400 drunken-driving cases were filed in Snohomish County in the first eight months of this year, according to state court records.
Martin has no qualms about challenging the accuracy of the machines.
“Our job is to defend people’s constitutional rights,” Martin said. “That’s how we look at this issue. It’s an issue of constitutional magnitude.”
Reporter Jim Haley: 425-339-3447 or jhaley@heraldnet.com.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
