Ordinance 2008-94 - Laserfiche WebLink

occurs first. No temporary license is valid to any greater degree than the license or permit it replaces; (d) Notify the department of licensing of the traffic stop, and transmit to the department any confiscated license or permit and a sworn report stating: (i) That the officer had reasonable grounds to believe the person was driving or in actual physical control of a motor vehicle within this state with alcohol in his or her system; (ii) That pursuant to the section a test of the person's alcohol concentration was administered or that the person refused to be tested; (iii) If administered, that the test indicated the person's alcohol concentration was 0.02 or higher; and (iv) Any other information that the department may require by rule. (6) Upon receipt of the sworn report of a law enforcement officer under subsection (5) of this section, the department shall suspend or revoke the driver's license or driving privilege beginning thirty days from the date of the traffic stop or beginning when the suspension, revocation, or denial is sustained at a hearing as provided by subsection(7) of this section. Within fifteen days after notice of a suspension or revocation has been given the persons may, in writing, request a formal hearing. If such a request is not made within the prescribed time the right to a hearing is waived. Upon receipt of such request, the department shall afford the person an opportunity for a hearing as provided in RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest. For the purposes of this section, the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system, whether the person refused to submit to the test or tests upon request of the officer after having been informed that the refusal would result in the revocation of the person's driver's license or driving privilege, and if the test or tests of the person's breath or blood was administered, whether the results indicated an alcohol concentration of 0.02 or more. The department shall order that the suspension or revocation of the person's driver's license or driving privilege either be rescinded or sustained. Any decision by the department suspending or revoking a person's driver's license or driving privilege is stayed and does not take effect while a formal heading is pending under this section or during the dependency of a subsequent appeal to superior court so long as there in on conviction for a moving violation or no finding that the person has committed a traffic infraction that is a moving violation during the dependency of the hearing and appeal. If the suspension or revocation of the person's driver's license or driving privilege is sustained after the hearing, the person may file a petition in the superior court of the county of arrest to review the final order of suspension or revocation by the department in the manner provided in RCW 46.20.334. (7) The department shall suspend or revoke the driver's license or driving privilege or a person as required by this section as follows: