State v. Hopkins
Court of Appeals of Washington
1Opinion of the Court
Becker, A.C.J.
—Under former RCW 46.61.5055(1) (1998), a person convicted for the first time of driving while under the influence must “be punished” by a driver’s license suspension or revocation of either 90 days or one year, depending on the person’s alcohol concentration. Because the length of the revocation increases upon a finding that the level is 0.15 or greater, that finding is for the jury to make. In this case the sentence included a one-year revocation, based on a finding made by the judge. The sentence must be reversed.
On January 25, 1999, a Washington State Patrol officer arrested…
Also in this document: Concurrence.
2Cases cited18 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- United States v. WardSupreme Court of the United States · 1980
- United States v. Kayle NordbyCourt of Appeals for the Ninth Circuit · 2000
- State v. GoreWashington Supreme Court · 2001
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3Cited by8 opinions
- State v. BlakelyCourt of Appeals of Washington · 2002
- State v. GriffinCourt of Appeals of Washington · 2005
- State v. GriffinCourt of Appeals of Washington · 2005
- Amunrud v. Board of AppealsWashington Supreme Court · 2006
- Amunrud v. Board of AppealsWashington Supreme Court · 2006
3 more not listed; retrieve them via the Exa API.