Legal Opinion

Schlegel v. Department of Licensing

Court of Appeals of Washington

Decided February 27, 2007No. Nos. 24314-1-III; 24400-8-IIIPublishedCited by 3 opinions

1Opinion of the Court

f 1 Washington Department of Fish and Wildlife (DFW) officers stopped Phillip R. Schlegel to check his hunting license under RCW 77.15.080(1). An officer smelled alcohol on Mr. Schlegel’s breath. A driving under the influence (DUI) arrest followed. Mr. Schlegel unsuccessfully challenged the stop as an impermissible roadblock. Mr. Schlegel successfully appealed both his administrative license suspension and DUI conviction to the superior court. We granted discretionary review in both cases. We hold that the superior court erred in disregarding factual findings and incorrectly decided DFW…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. State v. KennedyWashington Supreme Court · 1986
  3. City of Seattle v. MesianiWashington Supreme Court · 1988
  4. Tunstall v. BergesonWashington Supreme Court · 2000
  5. State v. FrankCourt of Appeals of Washington · 2002

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3Cited by3 opinions

  1. Matthew Tarabochia v. Mickey AdkinsCourt of Appeals for the Ninth Circuit · 2014
  2. Charles and Bambi Compton v. Lewis Clark Saddle ClubCourt of Appeals of Washington · 2018
  3. State of Washington v. James Michael MillerCourt of Appeals of Washington · 2024

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