AV Preeminent
The Florida Bar

Toxicology Lab Manager Not Prosecuted For Falsely Certifying Quality Assurance Samples

Despite an investigation that Ann Marie Gordon, a Seattle state toxicology lab manager, had sworn in affidavits that she had “examined and tested” solutions that she had not, in fact, tested, no charges were filed. At this time, absent showing such misconduct resulted in some effect in the results of the breath tests, all evidence may still be properly admitted in all cases against defendants charged with DUI.

It is my opinion that a direct correlation between a state actor’s perjury and the results of breath tests is irrelevant rather that such evidence obtained with a taint of such outrageous police misconduct should be excluded in an effort to deter similar future conduct.

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