STATE v. STANNARD

Nos. 52495-5, 52597-8.

109 Wn.2d 29 (1987)

742 P.2d 1244

THE STATE OF WASHINGTON, Respondent, v. SCOTT STANNARD, Petitioner. THE STATE OF WASHINGTON, Respondent, v. JOHN APPEL, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

September 24, 1987.


Attorney(s) appearing for the Case

Jon Ostlund and Robert S. Jones of Whatcom County Public Defender Association and Rolf Beckhusen, for petitioners.

David S. McEachran, Prosecuting Attorney, and Robert A. Carmichael, Deputy, for respondent.


CALLOW, J.

This case involves the right of a person suspected of driving while under the influence of intoxicating liquor to have a second Breathalyzer test performed at the suspect's request contemporaneously with the one performed at the request of the arresting officer. The defendants assert that such a right is guaranteed either by RCW 46.20.308(2) and 46.61.506 or by article 1, section 22 of the Washington State Constitution. We hold that the right to a second...

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