Walk v. State, Dept. of Licensing

(concurring in part, dissenting in part) — I *660concur in the majority’s analysis interpreting WAC 448-13--040 to permit one officer to observe the safeguards and affirm to another officer administering the BAC Verifier Data-Master test the relevant information. However, I respectfully dissent to the reasoning and conclusion that this record is insufficient to show the relevant information was communicated from Deputy Chad Birkenfeld to Deputy John Eberle. Finding of Fact 7 and 11 sufficiently support Conclusion of Law 6, assuming reasonable inferences from this record. Although Mr. Walk assigns…