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SMITH v. STATE, DEPT. OF LICENSING

No. 20249-2-II.

944 P.2d 1117 (1997)

Steven Earl SMITH, Appellant, v. STATE of Washington, DEPARTMENT OF LICENSING, Respondent.

Court of Appeals of Washington, Division 2.

As Amended on Denial of Reconsideration November 17, 1997.

Attorney(s) appearing for the Case

James Titchener Schmid, Atty. Gen. Office, Seattle, for Respondent.

Ernest Lee Nicholson, Weber & Gunn, Vancouver, for Appellant.

SEINFELD, Presiding Judge.

Steven Smith challenges a decision of the Department of Licensing (DOL), placing him on probation for driving while under the influence of intoxicants. He claims that the hearing officer erred in considering his BAC Verifier DataMaster (BAC) breath test results. Specifically, he argues that BAC test results are inadmissible in an administrative hearing absent a showing that DOL complied with the quality assurance program and other provisions...

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