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STATE v. RUSHING

No. 13587-0-III.

77 Wn. App. 356 (1995)

890 P.2d 1077

THE STATE OF WASHINGTON, Respondent, v. KODE RANDY RUSHING, Appellant.

The Court of Appeals of Washington, Division Three.

March 28, 1995.

Attorney(s) appearing for the Case

Keith W. Howard, for appellant.

Steven M. Clem, Prosecuting Attorney, and Eric C. Biggar, Deputy, for respondent.

THOMPSON, C.J.

Kode Randy Rushing appeals his conviction for driving while intoxicated (DWI). RCW 46.61.502. He contends the filing of DWI charges in superior court, instead of district court, deprived him of equal protection because deferred prosecution is available in district court, but unavailable in superior court. We affirm.

Mr. Rushing was stopped by police on June 24, 1993. Two BAC Verifier DataMaster tests were administered. Both showed a blood alcohol...

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