Appeal: M. F. v. Dept of Licensing, Case No. 10-2-07992-1 SEA
Court Reverses License Revocation Where DOL Used Evidence Never Offered at Hearing to Revoke License.
A King County Superior Court judge reversed a license revocation finding it was based on evidence the DOL had forgot to offer during the licensing hearing. To comport with Due Process any judicial hearing must rely on evidence offered at the time of the hearing and allow the opponent to question the evidence. In this case the hearing examiner forgot to introduce evidence the breath test machine was certified, but ruled against the driver and considered the evidence anyways. The court rejected the State's argument that the error unintentional, and rejected the claim the hearing should be held over again to allow the DOL the opportunity to correctly offer the evidence.
Practice area(s): Appeals