KYE Blog

The Official Blog of Kottkamp, Yedinak & Esworthy, PLLC

Kitsap County Court Rules that all Breath Tests Violate the Washington Administrative Code

Earlier this week a unanimous Kitsap County Court ruled that the Washington State Toxicologist has knowingly violated their own rules (promulgated in the Washington Administrative Code) for one of the foundational requirements that the legislature has required for breath tests to be admissible in court.

Although this will probably be an easy fix as the Washington State Toxicologist can simply change the Administrative Code (which they have before!), it currently means that all breath tests may be invalid until the change happens.

Wenatchee Law