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FRANK v. DEPARTMENT OF LICENSING

No. 12452-5-III.

71 Wn. App. 585 (1993)

859 P.2d 1248

ROY J. FRANK, Appellant, v. THE DEPARTMENT OF LICENSING, Respondent.

The Court of Appeals of Washington, Division Three.

As amended by order October 28, 1993.

Attorney(s) appearing for the Case

Richard W. Sanger and Sanger & Bartoletta, for appellant.

Christine O. Gregoire, Attorney General, and Sheryl L. Gomez, Assistant, for respondent.

[As amended by order of the Court of Appeals October 28, 1993.]

KENNEDY, J.

Roy J. Frank was arrested for operating a motor vehicle while under the influence of intoxicants. He was advised of his rights under the implied consent statute, RCW 46.20.308,1 and told that his "refusal to take this [breath] test may be used in a criminal trial." Mr. Frank refused the test and his driver's license was revoked by the Department of Licensing...

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