City of Kennewick v. Fountain

Respondent was charged with aiding and abetting the crime of driving while under the influence of alcohol pursuant to RCW 46.64.048. She moved to dismiss, alleging that RCW 46.61.675 defines the same offense as the statute under which she was charged, but provides for a less harsh penalty. Thus, because the prosecutor allegedly has the unbridled discretion to choose between the two, and had chosen the one with the harsher penalty, respondent contends her right to equal protection was violated. Both the District and Superior Courts agreed and dismissed the charge. This court accepted direct…