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STATE v. COHEN

No. 53163-8-I.

104 P.3d 70 (2005)

STATE of Washington, Appellant, v. Robin D. COHEN, Respondent.

Court of Appeals of Washington, Division 1.

January 10, 2005.

Attorney(s) appearing for the Case

Jennifer Loran Worley, King County Prosecuting Office, Seattle, WA, for Appellant.

Kenneth Wesley Fornabai, Attorney at Law, Auburn, WA, Ben Harlan Boyd, Attorney at Law, Seattle, WA, for Respondent.

ELLINGTON, A.C.J.

Results of a breath test are admissible only if the results are reliable, i.e., if the machine used to obtain the results was properly serviced and in good working order. A driver's refusal to take the test is evidence of guilty knowledge, and is relevant whether or not the machine in the police station is working properly. The driver's refusal to take the test is the relevant fact, not the condition of the machine.

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