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STATE v. MacRAE

No. 49172-1.

101 Wn.2d 63 (1984)

676 P.2d 463

THE STATE OF WASHINGTON, Respondent, v. KENNETH A. MACRAE, Petitioner.

The Supreme Court of Washington, En Banc.

February 2, 1984.

Attorney(s) appearing for the Case

Paul F. Culotta, for petitioner.

Norm Maleng, Prosecuting Attorney, Nicole K. MacInnes, Senior Deputy, and Thornton B. Hatter, Deputy, for respondent.

Douglas N. Jewett, City Attorney, and Augustin R. Jimenez, Assistant, amici curiae for respondent.

DIMMICK, J.

Petitioner seeks review of a traffic citation "failure to use due care and caution", for which petitioner was assessed a monetary penalty. He argues that the statute does not create a separate, citable traffic offense, and that, if it does, it is unconstitutionally vague. We agree with his first contention and reverse.

On February 5, 1982, petitioner was driving his employer's semitractor, without trailer...

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