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STATE v. STRAKA

No. 57298-4.

116 Wn.2d 859 (1991)

810 P.2d 888

THE STATE OF WASHINGTON, Respondent, v. DONALD A. STRAKA, Appellant. THE STATE OF WASHINGTON, on the Relation of Seth R. Dawson, Petitioner, v. SOUTH DISTRICT COURT, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

May 16, 1991.

Attorney(s) appearing for the Case

Douglas L. Cowan, Stephen W. Hayne, and Jon Scott Fox, for appellant.

Seth R. Dawson, Prosecuting Attorney, and Kevin M. Korsmo, Deputy, for State.

Jones, Ross, Mallory, Besman & Connolly, P.S., and Michael E. Jones, for respondents Wilson, et al.

Norm Maleng, Prosecuting Attorney, and F. Drew Zavatsky, Deputy, amicus curiae.

BRACHTENBACH, J.

In these consolidated cases two primary issues are presented: (1) Is the state toxicologist required to approve and publish in the Washington Administrative Code procedures for evaluating, certifying, and maintaining DataMaster breath testing machines, and procedures for formulating, testing, and using the simulator solution used in the machines, before DataMaster breath test results may be admitted in prosecutions for driving while intoxicated? ...

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