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STATE v. EVERGREEN DISTRICT COURT

Nos. 48915-7, 48942-4.

100 Wn.2d 824 (1984)

675 P.2d 599

THE STATE OF WASHINGTON, on the Relation of Russ Juckett, Respondent, v. EVERGREEN DISTRICT COURT, Respondent, DONALD B. MARQUEZ, Petitioner. THE STATE OF WASHINGTON, on the Relation of Russ Juckett, Respondent, v. EVERGREEN DISTRICT COURT, Respondent, MELODY KOLLMAR, Petitioner. THE STATE OF WASHINGTON, Respondent, v. MICHAEL P. WURM, Petitioner.

The Supreme Court of Washington, En Banc.

January 26, 1984.

Attorney(s) appearing for the Case

Michael A. Clarke (of Shields & Clarke) and Mary Ellen Keegan, for petitioners Marquez, et al.

Aitken, Schauble, Patrick, Neill & Charawell, by Bruce A. Charawell, for petitioner Wurm.

Seth Dawson, Prosecuting Attorney, for respondent Snohomish County.

Ronald R. Carpenter, Prosecuting Attorney for Whitman County, and April D. McComb, Deputy, for respondent State.

DORE, J.

This appeal involves consolidated cases wherein defendants Marquez, Kollmar, and Wurm appeal convictions for driving while under the influence of intoxicating liquor (DWI). The issue raised is: were defendants denied access to counsel prior to submitting to Breathalyzer tests?

Marquez

Donald B. Marquez was arrested for driving while under the influence of intoxicating liquor on April 5, 1980 between 3:20 a.m. and 3:40 a.m. The arresting...

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