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STATE v. MASHEK

No. 42790-7-II.

312 P.3d 774 (2013)

STATE of Washington, Appellant, v. Roberta D. MASHEK, Respondent.

Court of Appeals of Washington, Division 2.

November 13, 2013.

Attorney(s) appearing for the Case

Gerald R. Fuller , Grays Harbor Co. Pros. Ofc., Montesano, WA, for Appellants.

Lise Ellner , Attorney at Law, Vashon, WA, for Respondents.

BJORGEN, J.

¶ 1 The State appeals the trial court's dismissal of a felony driving under the influence of alcohol (DUI) charge against Roberta D. Mashek under RCW 46.61.502(6).1 The State argues that (1) the trial court erred when it concluded that the State failed to comply with the 15-minute observation requirement under RCW 46.61.506(4)(a)(ii) and (iii) before administering Mashek's breath alcohol test, (2) the trial court erred...

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