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August 2013 Snohomish County District Court Case

Texting while driving can cause a major accident. The following happened to one of Mark W. Garka's Clients when she was texting while driving. After his Client was arrested for a DUI, the Washington State Patrol Trooper advised Mark W. Garka's Client of her implied consent warnings. At the point, Mark W. Garka's Client asked a question and the Trooper did not know the answer. The Trooper still had Mark W. Garka's Client provide a sample of her breath despite her confusion. The Trooper was subpoenaed to the Department of Licensing (DOL) hearing and the Trooper confirmed that he was confused as well. Mark W. Garka argued that the confusion should lead to the suppression of the breath test results and the DOL Hearing Officer agreed. The DOL Hearing Officer ruled in Mark W. Garka's Client favor and the DOL Hearing was won. Mark W. Garka used this information to convince the State Prosecutor to reduce his Client's charge so the Client did not have to go to jail or lose her Driver's License.

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