Prosecutors Desk 12-16-12
On 12-13-12 Mr. Bradley J. Logue DOB 5-18-67 was convicted of DUI following a two day jury trial. The charge was the result of the investigation of a one vehicle roll over crash nearly a year ago. Mr. Logue was injured in the crash but his passenger was not seriously injured. The state was represented by Nick Force and the defendant by Steve Graham of Republic.
Deputy Clay Bailey testified he responded to the scene and secured it until Washington State Patrol Trooper Robert Pelleberg arrived. Deputy Bailey said he then photographed the scene and assisted in the investigation to determine what had happened.
Trooper Pelleberg testified he spoke with the occupants of the vehicle, and Mr. Logue admitted to being the driver. The Trooper related that Mr. Logue told him that he had consumed five to six beers and he noticed Logue’s slurred slow speech, bloodshot watery eyes, flushed face, and an obvious odor of intoxicants. Trooper Pelleberg testified that Mr. Logue refused to do any roadside tests but was cooperative and thanked him for responding so quickly. Pelleberg said Logue’s impairment was obvious.
He was taken to the hospital for the treatment of his injuries and there Deputy Bailey asked him for a sample of his blood to determine his level of impairment. Mr. Logue refused to give a sample of his blood.
Trooper Pelleberg testified also went to the hospital and went through the standard DUI and implied consent warnings with Mr. Logue for a second time. Mr. Logue again refused to give a sample of his blood.
Although Mr. Logue refused to provide a sample of his blood to either Bailey or the Washington State Patrol, as a course of his treatment at the hospital, his blood was drawn and analyzed. Through the execution of a search warrant, records were obtained.
Several members of the nursing staff testified about the blood draw process and about the accuracy of the testing machines and the laboratory processes that the hospital lab relies on. They also testified that the lab analysis showed Mr. Logue’s blood had an alcohol content of .229. Mr. Logue did not testify or present any witnesses.
The jury began deliberations in the afternoon and returned a verdict of Guilty for 1 count of DUI. The jury also made a special finding that Mr. Logue had refused to provide a sample of his blood to law enforcement upon a lawful request. Mr. Logue’s sentencing is currently set for January 2.