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STATE v. SMITH

No. 63319-3.

922 P.2d 811 (1996)

130 Wash.2d 215

The STATE of Washington, Respondent, v. Rodger SMITH, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 19, 1996.

Attorney(s) appearing for the Case

Brian C. O'Brien, Spokane, for Petitioner.

Jim R. Sweetser, Spokane County Prosecutor, Stefanie Walter, Deputy, Spokane, for Respondent.

TALMADGE, Justice.

Rodger Smith almost ran into a state trooper head-on. The trooper detained him and he failed field sobriety tests given at the scene. The trooper then administered, with Smith's consent, a portable breath test (PBT), not approved by the state toxicologist. The trooper did not preserve any evidence of the PBT result. Smith was arrested for driving under the influence of alcohol or drugs (DUI), given his...

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