City of Kirkland v. O'Connor

Kevin E. O'Connor seeks review of the decision affirming his conviction for driving while intoxicated. This court has accepted review pursuant to RAP 2.3(d). We reverse and remand for a new trial in district court.

O'Connor was convicted by a jury in Northeast District Court of driving while intoxicated. At the time of the arrest, O'Connor was not given a Breathalyzer test to determine the quantity of alcohol in his blood. The district court judge sua sponte instructed the jury:

You are not to draw any conclusions or inferences whatsoever from the absence of a breathalyzer test result in this…