Legal Opinion

City of Bremerton v. Osborne

Washington Supreme Court

Decided May 14, 1965No. 37431PublishedCited by 14 opinions

1Per curiam

Defendant was charged and convicted of the offense of driving while under the influence of or affected by the use of intoxicating liquor. He appeals, contending evidence of the result of a breathalyzer test was improperly admitted.

In State v. Baker, 56 Wn.2d 846, 355 P.2d 806 (1960), we outlined the four requirements which must be shown by the prosecution before the results of a breathalyzer test may be admitted in evidence. The requirements were stated to be (p. 852):(1) That the machine was properly checked and in proper working order at the time of conducting the test; (2) that the…

2Cases cited2 opinions

  1. State v. BakerWashington Supreme Court · 1960
  2. City of Seattle v. BryanWashington Supreme Court · 1958

3Cited by14 opinions

  1. State v. StrakaWashington Supreme Court · 1991
  2. Wester v. StateAlaska Supreme Court · 1974
  3. City of Seattle v. AllisonWashington Supreme Court · 2002
  4. City of Seattle v. AllisonWashington Supreme Court · 2002
  5. State v. PaulMissouri Court of Appeals · 1969

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