Legal Opinion

State v. Avery

Court of Appeals of Washington

Decided November 22, 2000No. 23643-5-IIPublishedCited by 16 opinions

1Opinion of the CourtSeinfeld, J.

Christopher Avery appeals his convictions of vehicular homicide and failure to remain at the scene of an injury accident. He challenges the trial court’s denial of his motion to suppress blood test results, arguing that the police illegally drew his blood without first advising him of the “implied consent” warnings set forth in RCW 46.20.308. We find that the officers lacked reasonable grounds to believe Avery had been driving under the influence of alcohol and, therefore, the warnings were not necessary. Thus, we affirm.

*530FACTS1

In June 1997, at approximately 6 a.m., Avery’s automobile drifted…

2Cases cited37 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. State v. HillWashington Supreme Court · 1994
  4. State v. CamarilloWashington Supreme Court · 1990
  5. State v. SeagullWashington Supreme Court · 1981

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

3Cited by16 opinions

  1. State v. RoggenkampWashington Supreme Court · 2005
  2. State v. RoggenkampWashington Supreme Court · 2005
  3. State v. Mee Hui KimCourt of Appeals of Washington · 2006
  4. City of Seattle v. St. JohnWashington Supreme Court · 2009
  5. State v. Mee Hui KimCourt of Appeals of Washington · 2006

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

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