Monday, April 27, 2009

DUI lawyers announce a state toxicology lab won't be charged with falsely certifying DUI results

DUI criminal defense lawyers
with a new DMV video hear that a state toxicology lab won't be charged with falsely certifying DUI tests she had not personally verified, the King County prosecutor's office decided Friday.

A county prosecutor was asked to look at whether Ann Marie Gordon's actions resulting in thousands of DUI / drunk driving cases should be criminally prosecuted.

Since Gordon lacked criminal intent when she signed documents verifying the accuracy of solutions used to measure breath tests taken in DUIs even though the tests were performed by someone else, the DUI / drunk driving case didn't meet the standards necessary for prosecution, DUI / drunk driving attorneys are told.

Gordon signed off on the DUI / drunk driving tests believing it was within her scope as supervisor to delegate some of her own work to others, per the prosecutor's report DUI / drunk driving sources.

He didn't know how many DUIs in King County, those with DUI / drunk driving convictions or just citations, were being challenged because of Gordon's actions.

DUI cases are being challenged across the state by DUI / drunk driving defense attorneys who say the results were compromised by Gordon's actions. Hearings have been held in Skagit and Snohomish counties to weigh whether cases should be thrown in November.

Suspended driver's licenses have been restored because of issues with Gordon's tests, as well as unrelated lab errors, and more are expected as DUI / drunk driving hearings go on.