Wednesday, January 30, 2008

It Can't Happen, Especially Not Here, Dept.

Eight-zero passes on the following news article in the Seattle Times:, reminding us of some warnings we've heard from Bill Hue.

King County judges block breath-test evidence; hundreds of DUI cases could be affected

The Associated Press

A panel of King County District Court judges says there were so many ethical lapses and scientific inaccuracies at the Washington State Toxicology Lab that breath tests should not be admitted as evidence in drunken driving cases.

The ruling is expected to affect hundreds of cases, if not more.

The three-judge panel said problems at the lab were so systemic, and the results of breath tests so compromised, that they would not be helpful to a judge considering whether someone drove under the influence.

Previously, Snohomish County barred breath-test evidence in more than three dozen cases, while Skagit County judges have ruled that although conduct at the toxicology lab was troubling, the breath-test results can be admitted at trial.


Eight-zero suggests the ruling is a fine example for some people at CAS:

Here's an example of judges (not arbitrators) actually doing judicial work. If the CAS is looking for a methodology to follow, here's a good model.

We concur.