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Legal Opinion

State v. Rushing

Court of Appeals of Washington

Decided March 28, 1995No. 13587-0-IIIPublishedCited by 4 opinions

1Opinion of the CourtThompson, C.J.

Kode Randy Rushing appeals his conviction for driving while intoxicated (DWI). RCW 46.61.502. He contends the filing of DWI charges in superior court, instead of district court, deprived him of equal protection because deferred prosecution is available in district court, but unavailable in superior court. We affirm.

Mr. Rushing was stopped by police on June 24, 1993. Two BAC Verifier DataMaster tests were administered. Both showed a blood alcohol level of .23 percent. On June 29, an information was filed in Douglas County Superior Court charging Mr. Rushing with attempting to elude a pursuing…

2Cases cited12 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. United States v. BatchelderSupreme Court of the United States · 1979
  3. State v. CalleWashington Supreme Court · 1995
  4. State v. CoriaWashington Supreme Court · 1992
  5. State v. LeeWashington Supreme Court · 1976

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. LittleCourt of Appeals of Washington · 2003
  2. State v. LittleCourt of Appeals of Washington · 2003
  3. State v. PoseyCourt of Appeals of Washington · 2005
  4. State v. PoseyCourt of Appeals of Washington · 2005

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