[Download] "State V. Robbins" by Washington Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State V. Robbins
- Author : Washington Supreme Court
- Release Date : January 15, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
We granted review of Ellsworth R. Robbins' petition to review a decision of the Court of Appeals upholding the Okanogan County Superior Court's affirmance of Robbins' district court conviction on a charge of driving under the influence of alcohol (DUI). Robbins contends that the Court of Appeals erred in failing to recognize that in State v. Crediford, 130 Wn.2d 747, 927 P.2d 1129 (1996), this court "unanimously" declared that RCW 46.61.502(1)(a), the same statute under which he was charged in this case, was unconstitutional. He asserts, alternatively, that even if this court did not declare the statute unconstitutional in Crediford, we should either reconsider that decision and strike it down as violative of due process, or remand for a new trial because the trial court's jury instructions relieved the State of its burden of proving the "implied element" we recognized in Crediford to the effect that there must be a nexus between the results of a defendant's blood alcohol test and the defendant's blood alcohol level when actually driving. We affirm the Court of Appeals.