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CLEMENT v. STATE DEPT. OF LICENSING

No. 47497-9-I.

35 P.3d 1171 (2001)

109 Wash.App. 371

Jerome CLEMENT, Respondent, v. STATE of Washington DEPARTMENT OF LICENSING,Appellant.

Court of Appeals of Washington, Division 1.

December 10, 2001.

Attorney(s) appearing for the Case

Laura J. Watson, Olympia, for Appellant.

David Mark Goodson, Bellevue, Michael Nathan Rosen, Seattle, for Respondent.

WEBSTER, J.

A motorist who refuses a test of his or her breath or blood alcohol level will have his or her driver's license revoked if the refusal occurred after a legal arrest for driving under the influence of intoxicating liquor (DUI). Where the initial traffic stop of that motorist is based on the officer's belief that he or she was speeding, the Department of Licensing has the burden of proving that there was probable cause to believe that the motorist was speeding...

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