Practice Area:DUI & DWI
Outcome:Reported Appeal Case Reinstates Driver's License
Description:After the Washington Department of Licensing wrongfully revoked Petitioner's driver's license after Petitioner made a timely hearing request, I represented the Petitioner in an action in King County Superior Court seeking to dismiss the license revocation and have Petitioner's license reinstated. On an appeal to the Washington Court of Appeals, in a published opinion, the Court ruled that the license revocation was unlawful, that the remedy for the unlawful license revocation when a timely hearing request was made was dismissal of the license suspension or revocation, and that Petitioner's claim for attorneys fees could not be denied as a matter of law and would be remanded to the trial court. The case in King County Superior Court is Case No. 03-2-19738-6 SEA, and in the Court of Appeals was Devine v. Department of Licensing, 126 Wn.App. 941, 110 P.3d 236 (2005).