Ordinance 682-80 - Laserfiche WebLink

ti • • • 1 reasonable likelihood that such other person may die as a result of injuries sustained in the accident, a breath or blood test may be administered 2 without the consent of the individual so arrested. In such circumstances, the provisions of subsections (2) through (6) of this section shall not apply. 3 (2) Any person who is dead, unconscious or who is otherwise in a 4 condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the 5 test or tests may be administered, subject to the provisions of RCW 46.61.506. 6 (3) If, following his arrest, the person arrested refuses upon the 7 request of a law enforcement officer to submit to a chemical test of his breath, after being informed that his refusal will result in the revocation 8 or denial of his privilege to drive, no test shall be given. The department of licensing, upon the receipt of a sworn report of the law enforcement 9 officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the 10 public highways of this City while under the influence of intoxicating liquor and that the person had refused to submit to the test upon the 11 request of the law enforcement officer after being informed that such refusal would result in the revocation or denial of his privilege to drive, 12 shall revoke his license or permit to drive or any nonresident operating privilege. If the person is a resident without a license or permit to 13 operate a motor vehicle in this state, the department shall deny to the person the issuance of a license or permit for a period of six months after 14 the date of the alleged violation, subject to review as hereinafter provided. 15 (4) Upon revoking the license or permit to drive or the 16 nonresident operating privilege of any person, or upon determining that the issuance of a license or permit shall be denied to the person, as 17 hereinbefore in this section directed, the department shall immediately notify the person involved in writing by personal service or by registered 18 or certified mail of its decision and the grounds therefor, and of his right to a hearing, specifying the steps he must take to obtain a hearing. The 19 person upon receiving such notice may, in writing and within ten days therefrom request a formal hearing. Upon receipt of such request, the 20 department shall afford him an opportunity for a hearing as provided in RCW 46.20.329 and 46.20.332. The scope of such hearing for the purposes 21 of this section shall cover the issues of whether a law enforcement officer had reasonable grounds to believe to believe the person had been driving 22 or was in actual physical control of a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor, 23 whether the person was placed under arrest and whether he refused to submit to the test upon request of the officer after having been informed 24 that such refusal would result in the revocation or denial of his privilege to drive. The department shall order that the revocation or determination 25 that there should be a denial of issuance either be rescinded or sustained. Any decision by the department revoking a person's driving privilege shall 26 be stayed and shall not take effect while a formal hearing is pending as herein provided or during the pendency of a subsequent appeal to a 27 superior court: Provided, That this stay shall be effective only so long as there is no conviction for a moving violation during pendency of the 28 hearing and appeal. 29 (5) If the revocation or determination that there should be a denial of issuance is sustained after such a hearing, the person whose 30 license, privilege or permit is so affected shall have the right to file a petition in the superior court of the county wherein he resides, or, if a 31 32 -3-