STATE v. KING COUNTY DIST. COURT WEST DIV.

No. 67456-1-I.

307 P.3d 765 (2013)

175 Wn. App. 630

STATE of Washington, Respondent, v. KING COUNTY DISTRICT COURT WEST DIVISION, Judge Mark Chow; King County District Court, East Division, Judge David Steiner; King County District Court, South Division, Judge Darrell Phillipson; Brett R. Ballow; and Leslie P. Fausto, Petitioners.

Court of Appeals of Washington, Division 1.

July 29, 2013.


Attorney(s) appearing for the Case

Theodore Wayne Vosk , Cowan Kirk Gaston , Kirkland, WA, Ryan Boyd Robertson , Robertson Law PLLC, Seattle, WA, Scott Emmett Wonder , Goddard Wetherall Wonder PSC, Bellevue, WA, for Appellant.

Margaret Elsa Nave , Attorney at Law, Celia A. Lee , Jessica Murphy Manca , Jacob R. Brown , King County Prosecutor's Office, Seattle, WA, for Respondent.


APPELWICK, J.

¶ 1 The sole issue on appeal is whether, as a matter of law, every breath alcohol concentration test result is inadmissible in a criminal prosecution unless the State also introduces a statement of uncertainty for each test. Like every scientific measurement, breath test results have a margin of uncertainty. The Washington State Patrol's Toxicology Laboratory Division calculates this uncertainty in terms of a confidence interval. A panel of King...

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