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W. Tracy Codd: Admissibility Of Breath Tests Entering Uncertain Era


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Codd to Blog: Admissibility of Breath Tests in King County District Courts Entering Uncertain Era.

B-Town Blog Advertiser W. Tracy Codd is a local attorney who keeps his legal eyes on the law pertaining to DUI cases in King County. We recently sat down with Codd to discuss the changing legal landscape pertaining to persons arrested and charged with a DUI.

Currently, if a person is arrested and prosecuted for DUI in the King County District Court system, breath test results are likely not admissible at trial.

The substantial majority of King County District Court Judges forbid entry of the Breath Test results as evidence at criminal trials because of a 2008 county-wide ruling of significance (read about it here) handed down by a panel of King County District Court Judges.

However, the landscape will soon change. Recently, as reported in the The Seattle Times, the King County Prosecutor’s Office has announced its intention to revisit the issue of Breath Test admissibility with the King County District Court Judges Panel. Because of improvements in the Washington State Patrol Breath Test Section, King County District Courts are almost certainly going to commence allowing Breath Test results to be admitted in criminal trials. Local residents are affected by this because Burien is home to the King County District Court, South Division, Burien Courthouse. Many of these cases are heard here in Burien.

While the State proceeds with prosecutions of DUI cases without Breath Test results on a regular basis, this shift in the admissibility of breath tests will impact the resolution of pending DUI cases.

“I believe this is both good and bad news. On the plus side, future Breath Tests may be much more reliable but on the minus side, it gives the prosecution a very strong tool,” explained Codd. “The admissability of the Breath Test impacts the dialogue between Prosecutor and Defense Attorney aimed at resolving DUI cases in King County.”

W. Tracy Codd, a Burien Attorney and a former Prosecutor, has been representing persons accused of DUI since 1987:

Main Office:
15401 1st Avenue South, Suite A
Seattle, WA 98148

Phone: 206-248-6152 or 206-443-9313
Fax: 206-443-9316
Cell phone: 206-719-5878

www.tracycodd.com

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Comments

One Response to “W. Tracy Codd: Admissibility Of Breath Tests Entering Uncertain Era”
  1. Lee Moyer says:

    I’m curious, why is giving the prosecutor a very strong tool to use against drunk driving a negative feature?

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