The Washington State Court of Appeals in Seattle Washington (Division I) ruled recently contrary to what many DUI prosecutors in this area wish for – trial by ticket. They prefer to prove the breath alcohol of people charged with the crime of drunk driving without witnesses to prove their case. Its easier to deny the accused a chance of cross examination and waive a ticket from a machine that shows the accused person was over the limit.
The case of State v. Jasper ruled that State witnesses must show up to establish the suspended license status of someone charged with the charge of Driving While License Suspended. DUI attorneys across the State of Washington and in Seattle Municipal Court will now have local law to support arguments that breath test evidence may not be admitted without witnesses from the State Toxicology Lab. The State Toxicology Lab plays an integral part in calibration process of the DataMaster breath test machines that are used across the State and in all cities of the State including Seattle, which prosecutes thousands of DUIs each year.