Legal Opinion

Didlake v. State

Court of Appeals of Washington

Decided March 16, 2015No. 71633-6-IPublishedCited by 20 opinions

1Opinion of the Court

¶1

Leach, J.

Washington’s implied consent statute, RCW 46.20.308, requires that a driver arrested for driving under the influence of an intoxicant (DUI) pay a filing fee to obtain an administrative review hearing to prevent a driver’s license suspension or revocation. James Didlake, Dustin Johnson, Shelly Burke, Monica Fischer, and Michael Bennett (collectively Didlake) appeal a trial court decision that this “fee for hearing” requirement does not violate procedural due process. Because the driving privilege is not a fundamental right and the Department of Licensing (Department) waives the fee…

2Cases cited32 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  3. Boddie v. ConnecticutSupreme Court of the United States · 1971
  4. Bell v. BursonSupreme Court of the United States · 1971
  5. United States v. KrasSupreme Court of the United States · 1973

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3Cited by20 opinions

  1. Creecy v. Kansas Dept. of RevenueSupreme Court of Kansas · 2019
  2. State Of Washington v. Grocery Manufacturers AssociationCourt of Appeals of Washington · 2018
  3. Arthur West v. Tesc Board Of TrusteesCourt of Appeals of Washington · 2018
  4. Megan Roake v. Maxwell DelmanCourt of Appeals of Washington · 2016
  5. State Of Washington, V. Turner Lee CallowayCourt of Appeals of Washington · 2024

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