[Download] "Washington v. Garrett" by Supreme Court of Wisconsin ~ eBook PDF Kindle ePub Free
eBook details
- Title: Washington v. Garrett
- Author : Supreme Court of Wisconsin
- Release Date : January 20, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
SWEENEY, C.J. --WAC 448-14-020(3)(b) requires that "blood samples for alcohol analysis shall be preserved with an anticoagulant . . . ." Ernest A. Garrett was arrested for driving while under the influence. RCW 46.61.502. It is undisputed that an anticoagulant was not added to his blood sample. Instead, the state toxicologist homogenized the sample with a tissue grinder to restore the blood to an unclotted state. According to the toxicologist, the lack of an anticoagulant did not change the results of the blood test because the homogenization process is scientifically reliable. We are asked here to decide whether the requirement of WAC 448-14-020(3)(b) is mandatory or whether the State need only establish a prima facie case that the blood sample was free from adulteration. We conclude the word "shall" as used in WAC 448-14-020(3)(b) is mandatory and that the trial court properly vacated Mr. Garretts conviction.
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