Legal Opinion

Strand v. Department of Motor Vehicles

Court of Appeals of Washington

Decided May 7, 1973No. 1297-1PublishedCited by 28 opinions

1Opinion of the CourtCallow, J.

Quaere: Must it be shown that a motor vehicle operator actually understood the consequences of a refusal to submit to a breathalyzer test before his driving privileges can be revoked under RCW 46.20.308 for refusing the test?

We hold it need only be shown that he was informed of his right to refuse the test, that he was warned, however, that his privilege to drive would be revoked or denied if he refused to submit to the test, and of his right to have additional tests administered by a qualified' person of his own choosing. RCW 46.20.308 and 46.61.506. A driver who is advised of his rights…

2Cases cited13 opinions

  1. Campbell v. Superior CourtArizona Supreme Court · 1971
  2. Hoban v. RiceOhio Supreme Court · 1971
  3. Rust v. Department of Motor VehiclesCalifornia Court of Appeal · 1968
  4. State Department of Motor Vehicles v. McElwainWashington Supreme Court · 1972
  5. Walker v. Department of Motor VehiclesCalifornia Court of Appeal · 1969

8 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Spradling v. DeimekeSupreme Court of Missouri · 1975
  2. Gonzales v. Department of LicensingWashington Supreme Court · 1989
  3. State v. StaeheliWashington Supreme Court · 1984
  4. Holman v. CoxUtah Supreme Court · 1979
  5. Beck v. CoxUtah Supreme Court · 1979

23 more not listed; retrieve them via the Exa API.

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