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McLEOD v. MOTOR VEHICLES

No. 3588-1.

16 Wn. App. 400 (1976)

556 P.2d 563

ROBERT CLIFFORD McLEOD, 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.

Bianchi, Tobin & Rinaldi, P.S., Albert A. Rinaldi, Jr., and Edward C. Eisert, for respondent.

JAMES, J.

Appellant Department of Motor Vehicles revoked respondent Robert McLeod's "privilege to operate a motor vehicle in this state" after a "formal hearing" as provided by Washington's implied consent statute, RCW 46.20.308 et seq. McLeod appealed to the Superior Court pursuant to RCW 46.20.308(5) and RCW 46.20.334. The trial judge found that:

[The law enforcement officer] signed his report [of his belief that McLeod had been driving while under...

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