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STATE v. MAGEE

No. 81746-4.

220 P.3d 1224 (2009)

167 Wash.2d 639

STATE of Washington, Respondent, v. Andrew L. MAGEE, Petitioner.

Supreme Court of Washington, En Banc.

Decided December 3, 2009.

Attorney(s) appearing for the Case

Andrew Luke Magee, Attorney at Law, Seattle, WA, for Petitioner.

Pierce County Prosecutor's Office, Kathleen Proctor, Michelle Hyer, Tacoma, WA, for Respondent.

CHAMBERS, J.

¶ 1 Andrew Magee challenges his traffic infraction for second degree negligent driving. RCW 46.63.030 controls when a law enforcement officer may issue a notice of traffic infraction, including when the offense does not occur in the officer's presence.1 Given the facts of this case, we hold there was no authority to issue Magee the notice of infraction. We reverse the Court of Appeals and vacate the district court judgment...

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