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Going Rogue: How to Attack the Breath Ticket on Your Own

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  • In Person CLE
When Jun 19, 2017
from 10:00 am to 12:00 pm
Where Olympia, WA
Contact Name
Contact Phone 206-623-4321
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Presented by Lauren McLane, This CLE will focus on the Datamaster (the current breath test machine being utilized by the Washington State Patrol in Thurston County), the breath test technician (the individual responsible for maintaining that machine), and the toxicologist (the expert responsible for the “simulator solution,” which is used as a reference during the breath test process and who often is called to testify about the effects of alcohol).  As to the machine, the session will focus on how to learn about the particular machine that was used in a given case, including where to find important records generated by the machine and how to interpret and use those records for trial.  We will then discuss how to most effectively cross-examine the breath test technician on issues related to the machine and on areas of breath test science, including pre-test breathing patterns, exhaled volume or length of sample, and breath temperature.  Finally, we will discuss the best approach to interviewing and cross-examining the toxicologist, focusing on how to make this expert “your” expert in a breath test case. 

About the Presenter...

Lauren McLane joined WDA as a DUI Resource Attorney in April 2017; at that time, she also began her work at the Innocence Project Northwest (IPNW) at the University of Washington as the project’s DNA Staff Attorney focused on investigating, evaluating, and litigating cases in an effort to obtain post-conviction DNA testing.  Prior to joining IPNW, Lauren served as a trial attorney for eight years as both a public defender and private criminal defense practitioner in King County.  In both the public and private sector, Lauren has represented individuals accused of a vast range of crimes, including misdemeanors and felonies, from filing of charges to jury verdict.  As a trial attorney, Lauren excelled in the area of forensic science and is frequently sought out to teach at seminars and consult with practitioners across the state; she has also presented at a national conference focused on metrology.  In 2013, she received the WDA’s President’s Award, recognizing her commitment to strengthening DUI practice as a young public defender in our state.  Lauren is the author of a published book chapter and a co-author of an article for the Journal of Forensic Sciences focused on alcohol breath testing and the “Measurand.”  She graduated magna cum laude from Seattle University School of Law in 2008 and is originally from Virginia Beach, VA.  

This CLE will take place on June 19, 2017 between 10:00 AM and 12:00 PM at Thurston County Emergency Management, 9521 Tilley Rd SW, Olympia, WA 98512. 2.0 Law and Legal CLE credits have been requested from the Washington State Bar Association. 

The program is open to WDA members only and space is limited. Email with "Going Rogue" in the subject line to register and reserve your seat! 


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