Hague’s breath test won’t be in trial

November 29th, 2007   Filed Under Legal News  

Read Gregory Roberts full article in the Seattle PI here.

The drunken-driving trial of King County Councilwoman Jane Hague has been scheduled for February — but breath-test results from her arrest can’t be used as evidence against her, a judge decided Wednesday.

Hague, 61, was arrested the night of June 2 while driving on state Route 520, police said. Hague has pleaded not guilty.

She failed two breath tests of blood-alcohol level, police said. Her breath-alcohol content registered in two readings at 0.135 and 0.141, according to the citation. The legal limit is 0.08.

But County District Judge Peter Nault ruled Wednesday that the breath tests can’t be used in the trial because of defects in implying Hague’s consent to them, her lawyer, William Kirk, and prosecutor Lynn Moberly said. The issue has been successfully raised by defendants in other drunken-driving cases.


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