STATE v. WHITMAN COUNTY DIST. COURT

No. 51873-4.

105 Wn.2d 278 (1986)

714 P.2d 1183

THE STATE OF WASHINGTON, Petitioner, v. WHITMAN COUNTY DISTRICT COURT, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

February 27, 1986.


Attorney(s) appearing for the Case

James H. Kaufman, Prosecuting Attorney, and Susan Grosshandler and Jay Quine, Deputies, for petitioner.

Aitken, Schauble, Patrick & Neill, by Bruce A. Charawell, for respondents Whitman County District Court, et al.

Cooney & Cooney, P.S., by James F. Irwin, for respondent Prichard.

Patrick D. Sutherland, Prosecuting Attorney for Thurston County, and Rodney G. Franzen, Deputy; Seth R. Dawson, Prosecuting Attorney for Snohomish County, and Matthew L. Vadnal and Seth Aaron Fine, Deputies, amici curiae for petitioner.


DORE, J.

The State seeks direct review of the decision of the Superior Court suppressing the results of Breathalyzer tests in a number of prosecutions for driving while under the influence. The Superior Court found that the statutory implied consent warning was erroneous and misleading, and the defendants were thereby deprived of an opportunity to exercise an intelligent judgment as to the effect of refusal. We affirm in...

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