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LEWIS v. STATE, DEPT. OF LICENSING

Nos. 54101-3-I, 54527-2-I.

105 P.3d 1029 (2005)

Steven A. LEWIS, Respondent, v. STATE of Washington, DEPARTMENT OF LICENSING, Appellant. State of Washington, Respondent, v. Kenneth D. Higgins, Appellant.

Court of Appeals of Washington, Division 1.

As Amended on Reconsideration March 21, 2005.

Attorney(s) appearing for the Case

Masaka Kanazawa, Attorney at Law, Seattle, WA, for Appellant in No. 54101-3-1.

Francisco A. Duarte, Fox Bowman Duarte, Bellevue, for Appellant in No. 54527-2-1.

Ryan Boyd Robertson, Attorney at Law, Seattle, WA, for Respondent in No. 54101-3-1.

Susan K. Storey, Bank of Cal./Fraud Div., Seattle, for Respondent in No. 54527-2-1.

AGID, J.

In each of these linked cases, video cameras mounted in police cars made audio recordings of the conversations between arresting officers and drivers stopped for suspicion of driving under the influence of intoxicants (DUI). The drivers, Steven Lewis and Kenneth Higgins, assert that the recordings violate their privacy act rights because they did not comply with the Act's "in-car video" procedures, RCW 9.73.090(1)(c). In Lewis' case, the Department of Licensing...

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