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By Martin Salazar, World staff writer
Thursday - October 9, 2003
WENATCHEE - A Chelan County District Court judge has thrown out the results of breath tests in 18 drunken-driving cases, finding that the method used to calibrate the two machines used locally did not meet legal requirements.
The decision will likely impact all pending Chelan County and city of Wenatchee cases involving breath tests prior to Sept. 22, said Wenatchee attorney John Brangwin, who sought the ruling. Brangwin said he plans to mount similar challenges to test results in Douglas and Okanogan counties next week.
The breath tests have come under scrutiny throughout the state due to calibration shortcomings, he said. In June, King County District Court threw out results, and several other courts have followed suit, Brangwin said.
The problem is that thermometers used to measure the temperature of the solution that verifies the machines' accuracy were not calibrated according to written standards set by the state toxicologist, Chelan County District Court Judge Alicia Nakata found. Brangwin said the State Patrol's Breath Test Section did not adhere to the established protocol.
District Court Judge Alicia Nakata threw out the local test results at a court hearing on Tuesday afternoon. Attorneys with the Chelan County Prosecutor's Office and the city of Wenatchee had asked Nakata to deny the motion to suppress the evidence.
Nakata's ruling directly impacts 11 city cases and the other seven are Chelan County cases. The machines belong to the State Patrol, but are used by law enforcement agencies throughout the state.
Martin Salazar can be reached at 664-7155 or by e-mail at
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