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STATE v. DAY

No. 47622-5.

96 Wn.2d 646 (1981)

638 P.2d 546

THE STATE OF WASHINGTON, Respondent, v. WILLIE R. DAY, Petitioner.

The Supreme Court of Washington, En Banc.

December 24, 1981.

Attorney(s) appearing for the Case

K.R. St. Clair, for petitioner.

C. Thomas Moser, Prosecuting Attorney, for respondent.

DIMMICK, J.

Petitioner was convicted in Skagit County of driving while intoxicated in violation of RCW 46.61.506.1 The Court of Appeals affirmed the conviction. We reverse.

The sole issue presented for review is whether RCW 46.61.506 applies to the particular facts of this case. We hold that the statute is not applicable. We expressly limit this determination to the unique facts herein.

The facts are not in dispute. In...

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