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LEMOND v. STATE, DEPT. OF LICENSING

No. 59515-6-I.

180 P.3d 829 (2008)

Jennifer R. LEMOND, Respondent, v. STATE of Washington, DEPARTMENT OF LICENSING, Petitioner.

Court of Appeals of Washington, Division 1.

April 7, 2008.

Attorney(s) appearing for the Case

Matthew Daheim, Office of the Attorney General, Bellingham, WA, for Petitioner.

Diana Lundin, Fox Bowman & Duarte, Bellevue, WA, for Respondent.

DWYER, J.

¶ 1 The Washington State Department of Licensing (DOL) appeals from an order of the King County Superior Court that vacated a DOL order suspending Jennifer LeMond's driving privileges. The superior court's order was premised on its conclusion that the doctrine of collateral estoppel applied in the DOL hearing so as to preclude the DOL from offering evidence in that proceeding of LeMond's breath alcohol content at the time in question. Because the superior...

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