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STATE v. McCLENDON

No. 63066-6.

935 P.2d 1334 (1997)

131 Wash.2d 853

The STATE of Washington, Petitioner, v. Doy Lee McCLENDON, Gil Crosby, Sally Parrish, Frank Sayre, Richard Triquart, Stephen Stark, Brian Hayton and Mark Booth, Respondents.

Supreme Court of Washington, En Banc.

Decided May 1, 1997.

Attorney(s) appearing for the Case

Russell Hauge, Kitsap County Prosecutor, Jeffrey Jahns, Deputy, Pamela Loginsky, Deputy, Port Orchard, Christine Gregoire, Attorney General, James Schmid, Asst. Attorney General, Seattle, amicus curiae on behalf of Washington Association of Prosecuting Attorneys and Department of Licensing.

James Kaufman, Whitman County Prosecutor, Colfax, for Petitioner.

Nuxoll, Libey & Ensley, Timothy Esser, Michael J. Pettit, Pullman, for Respondents.

SMITH, Justice.

The parties and a judge of the Whitman County Superior Court jointly seek review of a Whitman County District Court decision granting the respondents' motion to dismiss charges of driving while under the influence of intoxicating liquor in violation of RCW 46.61.502. We granted review. We reverse and remand for trial.

QUESTION PRESENTED

The sole question presented in this case is...

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