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STATE v. GARRETT

No. 14464-0-III.

910 P.2d 552 (1996)

80 Wash.App. 651

STATE of Washington, Petitioner, v. Ernest Alford GARRETT, Respondent.

Court of Appeals of Washington, Division 3, Panel Four.

February 20, 1996.

Attorney(s) appearing for the Case

Stefanie Walter, Deputy Prosecuting Attorney, Spokane, for Petitioner.

E. Striker Scott, Assistant Public Defender, Spokane, for Respondent.

SWEENEY, Chief Judge.

WAC 448-14-020(3)(b) requires that "[b]lood samples for alcohol analysis shall be preserved with an anticoagulant...." Ernest A. Garrett was arrested for driving while under the influence. RCW 46.61.502. It is undisputed that an anticoagulant was not added to his blood sample. Instead, the state toxicologist homogenized the sample with a tissue grinder to restore the blood to an unclotted state. According to the toxicologist, the lack of an anticoagulant...

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