Appeal : State v. Olson, 170 Wn. App. 1032 (2012)(Un-published)
Court of Appeals Affirms Conviction for Vehicular Assault, Finding Blood Test Accurate: The Court of Appeals has ruled the trial judge did not err in admitting blood test results at trial for a Vehicular Assault charge. We argued on behalf of our client that state law required the prosecutor to prove that the chemical used in a blood test must be “sufficient in amount” to preserve the blood sample so the alcohol concentration of the blood in the vial does not change. We further argued that scientific studies established that the State failed to enough chemicals to meet this standard. The Court disagreed and held the State's evidence, which disregarded these studies, was sufficient proof the State complied with applicable rules to admit the blood test.
Practice area(s): Appeals