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STATE v. WU

No. 96747-4.

453 P.3d 975 (2019)

STATE of Washington, Respondent, v. Ken V. WU, Petitioner.

Supreme Court of Washington.

Filed December 12, 2019.

Attorney(s) appearing for the Case

Eric J. Nielsen , Casey Grannis , Nielsen Broman & Koch PLLC, 1908 E. Madison Street Seattle, WA 98122-2842, for Petitioner.

Gavriel Gershon Jacobs , King County Prosecuting Attorney, 516 3rd Avenue, Suite W554, Seattle, WA 98104-2362, for Respondent.

¶1 In this case, we clarify the required elements for felony DUI (driving under the influence) and who must determine whether such required elements are met, a judge or a jury. We hold that the essential elements of felony DUI are set forth in RCW 46.61.5055(14)(a), and resolving conflicting case law, we hold that following a trial...

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