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STATE v. TREVINO

No. 13272-2-III.

74 Wn. App. 496 (1994)

873 P.2d 1214

THE STATE OF WASHINGTON, Petitioner, v. OSCAR C. TREVINO, Respondent.

The Court of Appeals of Washington, Division Three.

June 7, 1994.

Attorney(s) appearing for the Case

Donald C. Brockett, Prosecuting Attorney, and Larry D. Steinmetz, Deputy, for petitioner.

Walter v. Waltz, for respondent.

SWEENEY, A.C.J.

The State of Washington appeals suppression of evidence of a mouth examination given before the suspect was read his Miranda1 rights in the course of a BAC Verifier DataMaster breath test. The State contends (1) the CrRLJ 3.12 right to counsel does not attach before an officer asks to look or looks into a suspect's mouth for purposes of a driving while under the influence of alcohol ...

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