You can see John's interview HERE on KIRO 7 NEWS
KENT, Wash. - Prosecutors say they intend to pursue DUI cases even if the blood vial used in the DUI stop was defencive
This, a day after KIRO 7 learned defective blood vials were used in hundreds of DUI cases across the state.
State officials claom they have take these blood vials out of the system. But these blood vials were used between August 2018 - June 2019.
Prosecutors say they will move forward with some blood DUI cases anyway.
Prosecutors may have been aware of this for quite some time but the press was made aware recently.
"The blood draw is probably your best evidence," said Mark Lindquist, Pierce County prosecutor for 10 years.
He concedes a blood draw is compelling evidence in an impaired driver case, but it is not all of the evidence. But it may be difficult for King County prosecutors to proceed with DUI blood draw cases without the evidence.
Defective blood vials were distributed with Washington State Patrol (WSP) officers in 20 counties across the state, including King and Snohomish counties. Over 700 defective blood vials across the state.
And the Bellevue DUI lawyer John Tymczyszyn insists the evidence from those defective vials should be tossed out and not presented to juries.
"The judges in the state of Washington and the state should not admit any evidence related to these blood vials into DUI cases," insists John Tymczyszyn. "And all the cases that have already been heard, those convictions may be overturned."