Gahagan v. Department of Licensing

The Department of Licensing for the State of Washington (Department) appeals the trial court's decision reversing a hearing officer's determination that George Gahagan's driver's license was properly revoked by the Department. The issues are whether the trial court committed reversible error by placing the burden of proof on the Department to show that the arrested person suffered actual prejudice by inclusion of the words "at your own expense" in the implied consent warnings and whether an arrested person must make a claim of indigency at the time of arrest in order to show actual prejudice.…