By Garth O'Brien | December 2, 2007
Filed Under DUI News
King County, Washington – November 29, 2007. King County District Court Judge Peter Nault threw out the breath test results of King County Councilwoman Jane Hague during an evidence hearing. I wonder if the Special Prosecutor Lynn Moberly ever requested the case be removed from King County. There seems to be a massive conflict of interest having on King County official rule over a criminal case of another King County official. Both are elected officials, but doesn’t the council authorize the court budget?
Judge Nault is one of my favorite judges. He is an honest man and expects both sides to abide by the rules. His courtroom demeanor is outstanding, and I truly believe there is not one corruptible bone in his body. However, no King County judge should be hearing the criminal DUI case of King County Councilwoman Jane Hague.
Nevertheless, he is the judge and he threw out Jane’s DUI breath test results because of improper Implied Consent Warnings. When you are arrested for DUI in Washington State the police officer must read you the Implied Consent Warnings before you take the evidential breath test at the police station. The warnings do not need to mirror the actual law word for word. Our state officials have repeatedly botched the drafting of these warnings. However, maybe they should start reading the entire statute to each DUI defendant. That would be a much better route than having breath tests tossed because of poorly drafted warnings.
Is anyone irritated that Ms. Hague is fighting her DUI? Most public officials admit to their wrong-doing and quickly resolve their criminal matter. Jane Hague is battling. She was allegedly belligerent during her arrest and provided 0.135 and 0.141 breath test readings. Those readings are nearly double the Washington State DUI legal limit of 0.08.
Guess she is lucky nobody ran against her during her re-election. Well there was a challenger, but my pug would have been a better candidate.