Legal Opinion

Merseal v. State Dept. of Licensing

Court of Appeals of Washington

Decided February 22, 2000No. 18346-7-IIIPublishedCited by 14 opinions

1Opinion of the CourtSweeney, J.

The Department of Licensing (DOL) must disqualify a person from driving a commercial motor vehicle upon receipt of an appropriate report that the licensee operated a commercial vehicle with A blood alcohol in excess of .04. ROW 46.25.090(1). Edward Merseal operated a tractor-trailer rig on Washington highways with a blood alcohol in excess of .04. So DOL suspended his license. In the parallel criminal prosecution, the district court granted a deferred prosecution. The question here is whether the deferred criminal prosecution divests the DOL of authority to suspend Mr. Merseal’s commercial…

2Cases cited19 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Bell v. BursonSupreme Court of the United States · 1971
  3. State v. ManussierWashington Supreme Court · 1996
  4. State v. ManussierWashington Supreme Court · 1996
  5. State v. Shawn P.Washington Supreme Court · 1993

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3Cited by14 opinions

  1. Williamson, Inc. v. Calibre Homes, Inc.Washington Supreme Court · 2002
  2. Williamson, Inc. v. Calibre Homes, Inc.Washington Supreme Court · 2002
  3. In Re Disability Proceeding Against DiamondstoneWashington Supreme Court · 2005
  4. In re the Disability Proceeding Against DiamondstoneWashington Supreme Court · 2005
  5. Amunrud v. Board of AppealsWashington Supreme Court · 2006

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