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CITY OF SEATTLE v. WILSON

No. 61854-7-I.

213 P.3d 636 (2009)

CITY OF SEATTLE, Appellant, v. Clinton WILSON, Respondent.

Court of Appeals of Washington, Division 1.

August 17, 2009.

Attorney(s) appearing for the Case

Richard Edward Greene, Seattle City Attorney Public & Community, Thomas Aquinas Carr, Seattle City Attorneys Office, Seattle, WA, for Appellant.

Robert W. Goldsmith, Attorney at Law, Seattle, WA, for Respondent.

Lenell Rae Nussbaum, Attorney at Law, Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, WA, Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

BECKER, J.

¶ 1 The City of Seattle has adopted an ordinance making it a crime to commit a traffic infraction that results in death or great bodily harm, without any requirement that the driver have a culpable mental state. We hold that the ordinance violates a state statute that prohibits classifying a traffic infraction as a criminal offense. The superior court properly concluded that respondent Wilson's municipal court conviction under the ordinance must be...

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