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CITY OF MT. VERNON v. MT. VERNON MUN. CT.

No. 408062-I.

973 P.2d 3 (1998)

93 Wash.App. 501

CITY OF MOUNT VERNON, Petitioner, v. MOUNT VERNON MUNICIPAL COURT, Judge Stephen R. Skelton, Respondent. Kathryn Alyce McEuen, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered January 14, 1999.

Attorney(s) appearing for the Case

James W. Nelson, Mt Vernon City Prosecutor's Office, Mount Vernon, WA, for Petitioner.

Kenneth J. Evans, Attorney At Law, 506 Main St, Mount Vernon, WA, for Respondent.

AGID, Judge.

The City of Mount Vernon appeals the municipal court's ruling suppressing the results of a breath test administered to Kathryn McEuen. The trial court ruled that the test failed to comply with the protocol in WAC 448-13-050 because the results could not be printed immediately upon completion of the test. Because WAC 448-13-050 does not specify that a printout must be generated immediately after a breath test is completed and there was no evidence the...

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