Where can I find the 2004 Washington State Supreme Court decision about suspension of driving privileges or suspension of driver's license and the related laws passed by the Washington State 2005 legislature?
The 2004 Washington State Supreme Court decision related to the suspension of driving privileges or suspension of driver's license is City of Redmond v. Dean A. Moore, docket number 72614-1, filed June 3, 2004. The case is located on the Municipal Research Center Web site, Supreme Court Slip Opinions page.
Supreme Court and Court of Appeals Slip Opinions are maintained for 90 days on the Washington Courts Web site, Washington State Court Opinions page.
In response to the above decision, the 2005 Washington State Legislature passed SHB 1854 (Substitute House Bill 1854, CH 288, Laws of 2005) DRIVING PRIVILEGE--REVOCATION, and amended the Revised Code of Washington (RCW) 46.20.270 Conviction of offense requiring suspension or revocation -- Procedures, records, reporting, definition. Both the bill and the amendment became effective July 1, 2005, for violations committed on or after July 1, 2005.
Under this new law, the Washington State Department of Licensing (DOL) cannot withhold the driving privilege of a person without first notifying the person in writing by mail or personal service. The notice must specify the effective date of the withholding of the driving privilege which cannot be less than 45 days after the original notice was given. Upon receipt of the notice, the person has 15 days to request, in writing, an administrative hearing before the DOL. Any action with regard to the withholding of the driving license privilege is stayed (temporarily suspended)) during the administrative hearing process.
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