Director Appeals the judgment of the trial court

Jun 25, 2013

OUTCOME: Division One Holds: The trial court’s judgment did not e rroneously declare or apply the law, was not against the weight of the evidence

On appeal, Director argues the trial court erred in reinstating O’Rourke’s driving privileges because (1) the court erroneously declared and applied the law in considering argument and evidence challe ... nging the accuracy of the breath test result when the result was obtained in accordance with the Department of Health and Senior Services’ (DHSS) rules and regulations and (2) the judgment was against the weight of the evidence and was not supported by substantial evidence because O’Rourke did not produce evidence rebutting a statutory presumption that he was driving with a blood alcohol content over the legal limit once the breath test result was admitted into evidence