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ROCKWELL v. STATE LICENSING DEPARTMENT

No. 16730-5-III.

972 P.2d 1276 (1999)

William Michael ROCKWELL, Appellant, v. STATE of Washington, DEPARTMENT OF LICENSING, Respondent.

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

Reconsideration Denied April 7, 1999.

Attorney(s) appearing for the Case

C.E. Hormel, C.E. Hormel, P.S., Ephrata, Appellant.

Kimberly A. Loranz, Atty. Gen., Yakima,

Elizabeth Osborne, Pro Se.

KATO, J.

William M. Rockwell appeals a Grant County Superior Court order upholding the Department of Licensing's revocation of his driver's license for driving while under the influence of intoxicating liquor. Mr. Rockwell contends he was physically incapable of providing a breath sample and thus should have been given a blood test. We conclude the court properly found he refused the breath test.

At approximately 11:57 p.m. on May 5, 1991, Mr. Rockwell was...

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