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STATE v. CANADAY

Nos. 45309, 45338, 45339.

90 Wn.2d 808 (1978)

585 P.2d 1185

THE STATE OF WASHINGTON, Respondent, v. FAY CANADAY, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

November 2, 1978.

Attorney(s) appearing for the Case

Hemmen, Cohoe, Klavano & Bottiger, by Robert P. Klavano, for petitioners Purdue, et al.

Darrell E. Lee and Steven W. Thayer, for petitioners Canaday, et al.

Christopher T. Bayley, Prosecuting Attorney, and Frederick L. Yeatts, Assistant Chief Criminal Deputy for King County, for the State as petitioner in No. 45339.

Gregory O. DeBay and Roger B. Ley, for respondents Breeden, et al.

Jerry F. King, City Attorney, and George A. Riemer, Assistant, for respondent City of Vancouver.

Don Herron, Prosecuting Attorney, Joseph D. Mladinov, Senior Deputy, James E. Carty, Prosecuting Attorney, and Dennis M. Hunter, Deputy, for the State as respondent in No. 45338.

Miles F. McAtee on behalf of Washington State Trial Lawyers Association, amicus curiae.

HOROWITZ, J.

Defendants in two of these three consolidated cases appeal from superior court order denying their motions to suppress Breathalyzer test results or dismiss the prosecutions on charges of driving while intoxicated. In the third case the State seeks review of a district court order dismissing similar prosecutions.

The three cases all raise the question whether the routine destruction and disposal of Breathalyzer test ampoules violates the due process...

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