The whistleblower incident allegedly began in the summer of 2007. Ann Marie Gordon who was then a lab manager within the toxicology department was allegedly accused of falsification of samples that were an element of drunken driving breathalyzer tests. One prosecutor refused to launch perjury charges against Ms. Gordon alleging there was no proof that she willfully made a false statement under oath.
Since the incident, allegedly many judges within King County have agreed with one another that lab work regarding the breathalyzer tests have taken too many shortcuts with the test. The shortcuts, in the judges' alleged opinion render the tests useless in the cases. Due to this alleged incident, those accused of drunken driving incidents may be able to appeal if any of this evidence was used in their case. However, prosecutors have the ability to utilize other evidence such as field sobriety tests and proven erratic driving to reach a conviction.
Many alleged failings were listed to be culprits of the reports: untrue certification for verification of breathalyzer tests, incorrect overturning of data, inadvertently switched data, and entrusting software which incorrectly calculated necessary data. Once the lab has proven it has employed better practices it may be able to readmit the breathalyzer tests as evidence.
Three counties total have allegedly had misgivings as to the validity of the lab testing. One country allegedly threw out tests in as many as forty cases. Another country allegedly said that the trouble at the lab is unsettling, but it isn't jumping to any conclusions just yet.
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