Spokane Superior Court RALJ Decision on Preaccusatorial Delay in Blood Test DUI

The ruling includes some strong language regarding expired vials: “The Court finds that prejudice exists and concurs with Spokane Municipal Court that prejudice results from a DUI blood test with an expired tube on these facts.�...

Blood Test Delays-Spokane Municipal Findings and Conclusions in Support of Order Granting Motion to Dismiss

Blood Test Delays-Reply to City’s Response

05.2023_Blood Test Delays Prejudice Defendant and Require Dismissal_Declaration

This declaration is intended to accompany Dustin Howie’s motion to dismiss due to a delayed blood test.

05.2023_Blood Test Delays Prejudice Defendant and Require Dismissal

This motion argues that dismissal and refiling of DUI charges for blood toxicology results in pre-accusatorial delay that demands a permanent dismissal of the charge. The motion carries the most weight in jurisdictions that either...