STATE v. MECHAM

No. 90598-3.

380 P.3d 414 (2016)

186 Wash.2d 128

STATE of Washington, Respondent, v. Mark Tracy MECHAM, Petitioner.

Supreme Court of Washington, En Banc.

As Amended September 6, 2016.


Attorney(s) appearing for the Case

Jennifer J. Sweigert , Nielsen Broman & Koch PLLC, 1908 E. Madison St., Seattle, WA, 98122-2842, for Petitioner.

Ann Marie Summers , King County Prosecutor's Office, 516 3rd Ave., Ste. W554, Seattle, WA, 98104-2362, for Respondent.

Suzanne Lee Elliott , Attorney at Law, Hoge Building, 705 2nd Ave., Ste. 1300, Seattle, WA., 98104-1797, Donald Gamble Guthrie , McKay Chadwell, PLLC, 600 University St., Ste. 1601, Seattle, WA, 98101-4124, for Amicus Curiae on behalf of Washington Association of Criminal Defense Attorneys.

Cynthia B. Jones , Jones Legal Group, LLC, 1425 Broadway, #544, Seattle, WA, 98122-3854, Sarah A. Dunne , U.S. Department of Education, 915 2nd Ave., Ste. 3310, Seattle, WA, 98174-1000, Nancy Lynn Talner , Attorney at Law, 901 5th Ave., Ste. 630, Seattle, WA, 98164-2008, Douglas B. Klunder , Attorney at Law, 6940 Parshall Pl. S.W., Seattle, WA, 98136-1969, for Amicus Curiae on behalf of ACLU.

Ryan Boyd Robertson , Robertson Law PLLC, 1000 2nd Ave., Ste. 3670, Seattle, WA, 98104, for Amicus Curiae on behalf of Washington Foundation for Criminal Justice.


¶ 1 Officer Scott Campbell made a traffic stop of petitioner Mark Tracy Mecham and observed signs that Mecham might have been driving while intoxicated. Officer Campbell asked Mecham to perform field sobriety tests (FSTs), which would have involved Officer Campbell's observing Mecham's eye movements and ability to walk a straight...

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