January 2014 Snohomish County Municipal Court Case
Mark W. Garka's Client was arrested for Driving Under the Influence (DUI) with a Blood Alcohol Concentration (BAC) three times the legal limit. At his Client's Department of Licensing (DOL) hearing, Mark W. Garka asked the arresting Officer, who was subpoenaed to the hearing, if he observed his Client the entire time before giving a sample of his breath. The Officer stated Under Penalty of Perjury; he did not in fact observe his Client the entire time. Mark W. Garka asked for a copy of the Breath Test Room Video of the arrest. Mark shared the video with the City Prosecuting Attorney and this video proved the Officer did not observe the Client the entire time. Mark W. Garka's Client plead guilty to an amended charge of Reckless Driving even though his BAC was well above the legal limit.