FRANK v. WASHINGTON STATE DOL

No. 17127-2-III.

972 P.2d 491 (1999)

94 Wash.App. 306

Lee H. FRANK, Appellant, v. WASHINGTON STATE DEPARTMENT OF LICENSING, Respondent.

Court of Appeals of Washington, Division 3, Panel Six.

February 16, 1999.


Attorney(s) appearing for the Case

Thomas D. Nagle, Attorney at Law, Yakima, WA, for appellant.

Kimberly A. Loranz, Assistant Attorney General, Yakima, WA, for respondent.


SCHULTHEIS, C.J.

The "implied consent" statute, RCW 46.20.308, requires police officers to send a signed report of refusal to the Department of Licensing (DOL) within 72 hours after a suspected drunk driver refuses to submit to a breath test. Upon receipt of the report, the DOL revokes the driver's license for a period. RCW 46.20.308(7); .311. The signed report of Lee Frank's refusal to submit to a breath test was not date-stamped. He appeals the revocation of his...

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