Legal Opinion
Kaye v. Department of Licensing
Court of Appeals of Washington
Decided March 2, 1983No. 5086-2-IIPublishedCited by 8 opinions
1Opinion of the CourtWorswick, J.
Is the arresting officer's sworn report (RCW 46.20.308(3)) admissible over objection in a de novo superior court hearing, as proof of the underlying facts which the Department of Licensing has the burden of proving in an implied consent appeal (RCW 46.20.334)? We hold it is not.
On February 6, 1979, appellant was arrested for allegedly driving while under the influence of intoxicating liquor. The arresting officer prepared and filed with the Department of Licensing the sworn report required by RCW 46.20.308 (the implied consent law). Based on this report the Department revoked appellant's…
2Cases cited8 opinions
- Steel v. JohnsonWashington Supreme Court · 1941
- Metcalf v. Department of Motor VehiclesCourt of Appeals of Washington · 1974
- State v. MaloneCourt of Appeals of Washington · 1973
- Lewis v. Department of Motor VehiclesWashington Supreme Court · 1972
- Department of Motor Vehicles v. AndersenWashington Supreme Court · 1974
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. MonsonWashington Supreme Court · 1989
- Waid v. Department of LicensingCourt of Appeals of Washington · 1986
- Broom v. Department of LicensingCourt of Appeals of Washington · 1994
- Valley v. HandCourt of Appeals of Washington · 1984
- State v. MonsonCourt of Appeals of Washington · 1989
3 more not listed; retrieve them via the Exa API.