Despite misconduct at the State Patrol's toxicology lab, results of breath tests may be used against dozens of drunken-driving defendants in Skagit County, two judges ruled Tuesday — a decision that could weigh heavily on judges considering the issue around the state.
Skagit County District Court Judges David Svaren and Warren Gilbert strongly criticized the lab in their opinion, and accused its director, Dr. Barry Logan, of misconduct, saying they did not believe his claim that he didn't know a lab manager was falsely certifying test results.
But in the 51 DUI cases at issue, there was no evidence that the misconduct affected the results of breath tests given to the defendants, the judges said. They noted that the defendants are free to attack the credibility of the tests in court. ...
