State v. Sanchez

—Defendant Daniel Sanchez appeals his conviction for negligent homicide by means of a motor vehicle, RCW 46.61.520(1), after a jury trial. The primary issues we are called upon to decide are (1) whether a conscious person arrested for negligent homicide must be given notice of his right to an independent blood test contemporaneously with the compulsory test administered at the direction of the arresting officer, and (2) whether the absence of a state witness because of a planned vacation satisfies the unavailability requirement of ER 804(b)(1), so as to permit the use of a pretrial deposition…