Binckley v. Department of Motor Vehicles

This is an appeal from a Superior Court review of an administrative proceeding by which the appellant, Department of Motor Vehicles, revoked respondent Bernard Binckley’s driver’s license. The single issue presented is whether the Department was required to establish that it had received from the arresting officers a “sworn report” of Binckley’s refusal to submit to a chemical test of his breath as provided by RCW 46.20.308, Washington’s implied consent statute.

The facts are not in dispute. Officers who arrested Binckley for speeding suspected that he had been driving while under…