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CITY OF BREMERTON v. CORBETT

No. 52272-3.

106 Wn.2d 569 (1986)

723 P.2d 1135

THE CITY OF BREMERTON, Respondent, v. JACK CORBETT, Petitioner. THE CITY OF BREMERTON, Respondent, v. MARY A. CARR, Petitioner. THE CITY OF BREMERTON, Respondent, v. KIM DUANE LEBEDA, Petitioner. THE CITY OF BREMERTON, Respondent, v. SHERRIE G. BURKHART, Petitioner.

The Supreme Court of Washington, En Banc.

August 21, 1986.

Attorney(s) appearing for the Case

Roof, Tolman & Kirk, by Jeffrey L. Tolman, for petitioner Corbett.

Crawford, McGilliard, Peterson & Yelish, by Michael E. Klemetsrud, for petitioners Carr, et al.

William Broughton, City Attorney, and Mary B. Killian, Assistant, for respondent.

BRACHTENBACH, J.

The City of Bremerton charged the petitioners, Mary A. Carr, Kim Duane Lebeda, and Sherrie G. Burkhart, with driving while intoxicated. RCW 46.61.502. Jack Corbett was charged with being in actual physical control of a vehicle while intoxicated. RCW 46.61.504. The charges arose from separate incidents.

The municipal court dismissed each charge. Relying upon State v. Hamrick,

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