Attorney Ryan Robertson recently won a licensing appeal in Whatcom County Superior Court. The client was a commercial driver and lost his license for one year for an allegation he refused a breath test. Ryan successfully challenged the license revocation and the superior court judge restored the client's driving privilege and commercial license.
All license revocation cases start with a police officer's sworn report which in theory describes how the officer determined probable cause to arrest and then describes the process for how a driver either submitted to a breath test or refused the test. Under state law the Department of Licensing is required to except the “the truth” of that report, placing the driver in the difficult position of trying to prove the officer's report was not accurate.
In this case the officer filed a report that failed to explain how the client refused a breath test. Instead the officer simply provided a conclusory statement that the client refused a test. Thus, on appeal Ryan challenged the strength of the law that requires the Department of Licensing to assume this conclusion was true.
After thorough research Ryan established that every published appellate case on breath test refusals contained a detailed explanation of the facts that supported the officer's conclusion the driver refused a breath test. Based on this research the judge in Whatcom County concluded that the officer was required to write a detailed explanation in our client's case as well. Since the officer did not, the judge refused to assume the allegation of a refusal was in fact “the truth.”
The DUI laws in Washington State are some of the toughest DUI laws in the United States. If you are accused of DUI you need experienced and hardworking lawyers in your corner working to protect your interests. If you have any concerns about a DUI charge or the licensing consequences that with a DUI allegation please call Robertson Law at (206) 395-5257 to see if we are the right lawyers to fight for your case.
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