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NETTLES v. DEPARTMENT OF LICENSING

No. 12919-5-III.

73 Wn. App. 730 (1994)

870 P.2d 1002

JAMES R. NETTLES, Respondent, v. THE DEPARTMENT OF LICENSING, Appellant.

The Court of Appeals of Washington, Division Three.

April 14, 1994.

Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General, and David M. Hankins, Assistant, for appellant.

Andrew D. Peach, for respondent.

THOMPSON, C.J.

The Department of Licensing revoked James Nettles' driver's license based upon his refusal to submit to a blood alcohol test. The Superior Court reversed, and the Department appeals. It assigns error to the court's conclusion the Department had the burden of demonstrating that Mr. Nettles, who was seriously injured in an automobile accident, was capable of refusing the test. We reverse the Superior Court and reinstate the Department's decision.

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