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BINCKLEY v. MOTOR VEHICLES

No. 3903-43616-1.

16 Wn. App. 398 (1976)

556 P.2d 561

BERNARD WILLIAM BINCKLEY, Respondent, v. THE DEPARTMENT OF MOTOR VEHICLES, Appellant.

The Court of Appeals of Washington, Division One.

November 22, 1976.

Attorney(s) appearing for the Case

Slade Gorton, Attorney General, and Susan Rae Martin, Assistant, for appellant.

Franco, Asia, Bensussen & Coe and Laurence B. Finegold, for respondent.

JAMES, J.

This is an appeal from a Superior Court review of an administrative proceeding by which the appellant, Department of Motor Vehicles, revoked respondent Bernard Binckley's driver's license. The single issue presented is whether the Department was required to establish that it had received from the arresting officers a "sworn report" of Binckley's refusal to submit to a chemical test of his breath as provided by RCW 46.20.308, Washington's implied consent...

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