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CITY OF KENT v. BEIGH

No. 70264-1.

32 P.3d 258 (2001)

CITY OF KENT, Petitioner, v. Richard BEIGH, Respondent.

Supreme Court of Washington, En Banc.

Decided October 11, 2001.

Attorney(s) appearing for the Case

Christine Gregoire, Attorney General, Jerald R. Anderson, Asst., Carol Smith-Merkulov, Asst., Olympia, Amicus Curiae on Behalf of Department of Licensing.

Russell Hauge, Kitsap County Prosecutor, Randall Avery Sutton, Asst., Port Orchard, Amicus Curiae on Behalf of Washington Association of Prosecuting Attorneys.

Roger Alan Lubovich, Derek Michael Smith, Asst. Kent City Attorneys, Kent, for Petitioner.

David Richard Kirshenbaum, Kent, for Respondent.

SANDERS, J.

Division One of the Court of Appeals affirmed a ruling that suppressed the results of an alcohol blood test in a driving under the influence case. We affirm the result reached by Division One but for different reasons.

The first question is whether RCW 46.20.308(3) provides the sole authority for an officer to request a motorist to submit to a blood test. A plain reading of the implied consent statute reveals that it does not.

The second...

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