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Ordinance 2008-94
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Ordinance 2008-94
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Ordinances
Ordinance Number
2008-94
Date
6/13/1994
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• <br /> (b) By a fine of not less than five hundred dollars nor more than five thousand dollars. <br /> Five hundred dollars of the fine may not be suspended or deferred unless the court finds the <br /> offender to be indigent; and <br /> (c) By suspension of the offender's license or permit to drive, or suspension of any <br /> nonresident privilege to drive, for a period of one year. The court shall notify the department of <br /> the conviction, and upon receiving notification the department shall suspend the offender's license <br /> and shall issue the offender a probationary license in accordance with section 8 of this act. <br /> (2) A person whose driver's license is in a probationary status and who either: <br /> (a) Violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration <br /> of 0.15 or more; or <br /> (b) Violates RCW 46.61.502(1)(b) or (c) or 46.61.504(1)(b) or (c) and, because of the <br /> person's refusal to take a test offered pursuant to RCW 46.20.308, there in no test result <br /> indicating the person's alcohol concentration, is guilty of a gross misdemeanor and shall be <br /> punished as follows: <br /> (i) By imprisonment for not less than ten days nor more than one year. Ten consecutive <br /> days of the imprisonment may not be suspended or deferred unless the court finds that the <br /> imposition of this mandatory minimum sentence would pose a substantial risk to the offender's <br /> physical or mental well-being. Whenever the mandatory minimum sentence is suspended or <br /> deferred, the court shall state in writing the reason for granting the suspension or deferral and the <br /> facts upon which the suspension or deferral is based; and <br /> (ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand <br /> dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court <br /> finds the offender to be indigent; and <br /> (iii) By revocation of the offender's license or permit to drive or of any nonresident <br /> privilege to drive, for a period of four hundred fifty days. The court shall notify the department <br /> of the conviction, and upon receiving notification of the conviction the department shall revoke <br /> the offender's license, and upon determining that the offender is otherwise qualified in accordance <br /> with RCW 46.20.311, the department shall issue the offender a probationary license in <br /> accordance with section 8 of this act. <br /> (3) In exercising its discretion in setting penalties within the limits allowed by this <br /> section, the court shall particularly consider whether the person's driving at the time of the <br /> offense was responsible for injury or damage to another or another's property. <br />
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