[DOWNLOAD] "City of Seattle v. Carnell" by Division One Court of Appeals of Washington " Book PDF Kindle ePub Free
eBook details
- Title: City of Seattle v. Carnell
- Author : Division One Court of Appeals of Washington
- Release Date : January 25, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
GROSSE, J. -- The City of Seattle (City) appeals the decision of the superior court on a RALJ appeal. The superior court reversed a decision of the municipal court which had admitted breath test results over defense objection. In doing so, the driving while under the influence of intoxicants (DWI) conviction of Dennis Carnell was reversed. We hold that defense counsel failed to preserve the alleged error that the chain of custody of the simulator solution used in the BAC Verifier DataMaster breath analysis machine must be established as a foundational requirement for admission of the breath test results. Further, we hold there is no such foundational requirement. Accordingly, we reverse the decision of the superior court, and reinstate the municipal courts decision and the conviction.