CITY OF SEATTLE v. GELLEIN

No. 54914-1.

112 Wn.2d 58 (1989)

768 P.2d 470

775 P.2d 448

THE CITY OF SEATTLE, Respondent, v. SCOTT ANDREW GELLEIN, Petitioner.

The Supreme Court of Washington, En Banc.

As amended by order June 14, 1989.


Attorney(s) appearing for the Case

M. Catherine Miller of Seattle-King County Public Defender Association, for petitioner.

Douglas N. Jewett, City Attorney, and Pamela K. James and Douglas B. Whalley, Assistants, for respondent.


[As amended by order of the Supreme Court June 14, 1989.]

BRACHTENBACH, J.

This case involves the validity of a jury instruction in a prosecution for driving while intoxicated. The Superior Court found the instruction at issue not to be erroneous, and the Court of Appeals affirmed. We granted direct review and reverse.

Defendant Scott A. Gellein was stopped for suspicion of driving while intoxicated (DWI). After failing to satisfactorily perform field...

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