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STATE v. CHARLEY

No. 23941-1-III.

147 P.3d 634 (2006)

STATE of Washington, Respondent and Cross-Petitioner, v. Bernardene CHARLEY, Petitioner.

Court of Appeals of Washington, Division 3.

November 30, 2006.

Attorney(s) appearing for the Case

Tracy Scott Collins, Attorney at Law, Spokane, WA, for Petitioner.

Karl F. Sloan, Okanogan County Prosecuting Attorney, Okanogan, WA, for Respondent/Cross-Appellant.

SCHULTHEIS, J.

¶ 1 To provide conclusive evidence that a person has been driving under the influence of alcohol, the State must follow strict procedures for blood sampling and testing. RCW 46.61.506. Bernardene Charley was seriously injured in an automobile accident. While she was being treated for her injuries, two different hospitals took blood samples for medical purposes. Neither of these samples was preserved as required by the Washington regulation for...

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