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STATE v. McNICHOLS

No. 12869-5-III.

76 Wn. App. 283 (1994)

884 P.2d 620

THE STATE OF WASHINGTON, Petitioner, v. PAUL K. McNICHOLS, Respondent.

The Court of Appeals of Washington, Division Three.

November 29, 1994.

Attorney(s) appearing for the Case

Donald C. Brockett, Prosecuting Attorney, and Carlin M. Jude and Kevin M. Korsmo, Deputies, for petitioner.

Carl E. Hueber and Winston & Cashatt, for respondent.

SCHULTHEIS, J.

Spokane County Superior Court reversed a district court DWI conviction after finding the State's agents frustrated Defendant Paul McNichols' attempts to obtain an independent blood test. The court dismissed the charge and awarded Mr. McNichols costs including statutory attorney fees. On appeal the State contends county jail officials had no duty to help Mr. McNichols obtain a blood test; but if there was...

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