METCALF v. DEP'T OF MOTOR VEHICLES

No. 1964-1.

11 Wn. App. 819 (1974)

525 P.2d 819

JOHN M. METCALF, Respondent, v. THE DEPARTMENT OF MOTOR VEHICLES, Appellant.

The Court of Appeals of Washington, Division One.

August 26, 1974.


Attorney(s) appearing for the Case

Slade Gorton, Attorney General, and R. Timothy Oliver, Assistant, for appellant.

Bianchi, Tobin & Rinaldi and Albert A. Rinaldi, Jr., for respondent.


JAMES, J.

This is a first impression case presenting a single issue. Is the requirement for a "sworn report" in RCW 46.20.308(3),1 the implied consent statute, jurisdictional?

A document reciting the statutory grounds for revocation of John Metcalf's driver's license was filed with the Department of Motor Vehicles. The document was signed by an officer who had arrested Metcalf, but...

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