Thursday, November 29, 2007
Judge rules breath test inadmissible
A judge ruled today that breath-test results obtained as part of a drunken-driving prosecution of King County Councilwoman Jane Hague will not be admissible in court.
The ruling may make it harder for prosecutors to win a conviction against Hague, who was arrested on suspicion of drunken driving after she was stopped June 2 on Highway 520.
King County District Court Judge Peter Nault agreed with defense arguments that Hague was not properly warned of the implications of consenting to such a test.
Lynn Moberly, special prosecutor in the case, said Nault's decision was "very disappointing," but added that it is possible to win a DUI case without using breath-test results.
"It makes it more difficult," she said, although other materials, such as officer statements and physical evidence, still can be used at trial.
Nault also approved a tentative schedule in the case that calls for hearing further motions Jan. 14, the beginning of jury selection Jan. 31, and a trial from Feb. 5 to Feb. 8.
Hague was charged with DUI July 16. She pleaded not guilty July 30.
The ruling may make it harder for prosecutors to win a conviction against Hague, who was arrested on suspicion of drunken driving after she was stopped June 2 on Highway 520.
King County District Court Judge Peter Nault agreed with defense arguments that Hague was not properly warned of the implications of consenting to such a test.
Lynn Moberly, special prosecutor in the case, said Nault's decision was "very disappointing," but added that it is possible to win a DUI case without using breath-test results.
"It makes it more difficult," she said, although other materials, such as officer statements and physical evidence, still can be used at trial.
Nault also approved a tentative schedule in the case that calls for hearing further motions Jan. 14, the beginning of jury selection Jan. 31, and a trial from Feb. 5 to Feb. 8.
Hague was charged with DUI July 16. She pleaded not guilty July 30.
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