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LETOURNEAU v. STATE, DEPT. OF LICENSING

No. 55816-1-I.

128 P.3d 647 (2006)

Bruce LETOURNEAU, Petitioner, v. STATE of Washington DEPARTMENT OF LICENSING, Respondent.

Court of Appeals of Washington, Division 1.

February 21, 2006.

Attorney(s) appearing for the Case

Drue Lyn Kirlby, Fox Bowman & Duarte, Bellevue, for Appellant.

Robert W. Kosin, Office of the Attorney General, Seattle, for Respondent.

BAKER, J.

¶ 1 Bruce Letourneau appeals an order affirming the suspension of his driver's license, arguing that the administrative hearing officer erred by admitting the results of his breath tests into evidence. We are asked to decide whether a breath test simulator thermometer that was certified under former WAC 448-13-0351 constitutes "a thermometer approved of by the state toxicologist" under RCW 46.61.506(4)(a)(iv). We hold that...

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