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BALL v. STATE, DEPT. OF LICENSING

No. 26822-1-II.

53 P.3d 58 (2002)

113 Wash.App. 193

James W. BALL, Respondent, v. STATE of Washington, DEPARTMENT OF LICENSING, Appellant.

Court of Appeals of Washington, Division 2.

August 30, 2002.

Attorney(s) appearing for the Case

Lynette Weatherby-Teague, Asst. Attorney General, Tacoma, for Appellant.

Owen Sherman Limstrom, Law Office of Owen S. Limstrom, Tacoma, for Respondent.

ARMSTRONG, J.

Police arrested James Ball for driving while intoxicated and took him to jail. Ball offered unresponsive and unclear answers when asked if he wanted to speak to an attorney. And he failed to follow instructions when taking a breath test. The Department of Licensing revoked Ball's driving privilege. Ball successfully appealed to the superior court, which concluded that Ball was denied a reasonable opportunity to contact counsel and did not refuse to take...

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