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TURNER v. DEP'T OF MOTOR VEHICLES

No. 1539-2.

14 Wn. App. 333 (1975)

541 P.2d 1005

ARTHUR A. TURNER, Appellant, v. THE DEPARTMENT OF MOTOR VEHICLES, Respondent.

The Court of Appeals of Washington, Division Two.

October 1, 1975.

Attorney(s) appearing for the Case

Edward G. Holm and Mooney, Cullen & Holm, for appellant.

Slade Gorton, Attorney General, and James R. Silva, Assistant, for respondent.

REED, J.

Arthur A. Turner was arrested for driving while intoxicated and taken to the Lewis County jail where he was advised of his rights under the "implied consent" law, RCW 46.20.308. A video tape was used to record this procedure and defendant's apparent understanding of the "rights" and his willingness to take the breathalyzer test. The video machine was then turned off and did not record his performance.

On conflicting versions of the incident from the...

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