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LUDVIGSEN v. CITY OF SEATTLE

No. 79974-1.

174 P.3d 43 (2007)

Mark LUDVIGSEN, Petitioner, v. CITY OF SEATTLE, Respondent.

Supreme Court of Washington, En Banc.

Decided December 20, 2007.

Attorney(s) appearing for the Case

Elizabeth Anne Padula, Padula & Associates LLC, Theodore Wayne Vosk, Law Offices of Vosk & Velasquez, Bellevue, WA, for Petitioner.

Moses Flint Garcia, Stafford Frey Cooper, Seattle, WA, for Respondent.

CHAMBERS, J.

¶ 1 In 2002, Mark Ludvigsen was arrested on suspicion of driving while intoxicated. At that time, if the city of Seattle (City) wanted to convict Ludvigsen under the "per se" prong of its former driving while intoxicated ordinance,1 it had to prove Ludvigsen failed a valid breath test. The breath testing machine compares the amount of alcohol vapor in a known sample with the alcohol vapor in a breath sample at a known...

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