CITY OF SEATTLE v. CLARK-MUNOZ

Nos. 74579-0, 74602-8, 74603-6.

93 P.3d 141 (2004)

152 Wash.2d 39

CITY OF SEATTLE, Petitioner, v. Wonda CLARK-MUNOZ, Respondent. City of Seattle, Petitioner, v. Gareth Hall, Respondent. State of Washington, Petitioner, v. Ted Jagla, Respondent.

Supreme Court of Washington, En Banc.

Decided July 1, 2004.


Attorney(s) appearing for the Case

Moses Flint Garcia, Robert Fumio Murashige, City of Seattle/Public & Comm Safety Div, Seattle, for Petitioner (City of Seattle).

Mychal H. Schwartz, King Co Pros Office, Seattle, for Petitioner (State of Washington).

Christine Anne Jackson, Erick Spencer, Public Defender, for Respondent (Wonda Clark-Munoz).

Scott Richard Robbins, Hughes Robbins PS, Howard Stanton Stein, Bellevue, for Respondent (Ted Jagla).

Joshua Saul Schaer, NW Defenders Association, Seattle, for Respondent (Gareth Hall).

Timothy J. Donaldson, Walla Walla City Attorney, for Amicus Curiae (City of Walla Walla).

Charles Franklin Blackman, c/o Snohomish County Pros, Everett, for Amicus Curiae (Washington Association of Prosecuting Attorneys).

Geoffrey L. Burg, Puget Sound Plaza, Seattle, Francisco A. Duarte, Fox Bowman & Duarte PLLC, Bellevue, William Karl Kirk, Cowan Smith Law Firm, Kirkland, Ryan Boyd Robertson, Burien, for Amicus Curiae (Washington Foundation for Criminal Justice).

Joshua Saul Scher, NW Defenders Association, Seattle, Scott Richard Robbins, Hughes Robbins PS, Howard Stanton Stein, Bellevue, for Other Party (Counsel from Consolidated Case).


CHAMBERS, J.

In its efforts to curb drunken driving, Washington State makes extensive use of breath tests of suspected intoxicated drivers. Effectively, whether a driver is intoxicated is often decided when the test is taken. These tests must be reliable, both to further the safety of our streets and to ensure just application of our law. Today, we consider the statutory and regulatory procedures for confirming the reliability...

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