Wendy Pedersen v. Department Of Licensing ( 2013 )

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
WENDY PEDERSEN,
No. 68451-5-1
Petitioner,
DIVISION ONE
v.
UNPUBLISHED OPINION
STATE OF WASHINGTON, °
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DEPARTMENT OF LICENSING,
CD
Respondent. FILED: DEC 3 0 2013 —*trri
Per Curiam. Wendy Pedersen seeks review of the superior court's dismissal of
her appeal of her license revocation. She contends the court erred in dismissing her
appeal under RCW 46.20.385(1 )(b) ("A person receiving an ignition interlock driver's
license waives his or her right to a hearing or appeal") because the statute violates
principles of due process and equal protection. Following our recent decision in Nielsen
v. Washington State Department of Licensing. _ Wn. App. _ , 309 P.3d 1221 (2013)
(majority holding that RCW 46.20.385(1 )(b) violates substantive due process and is
therefore unconstitutional), a commissioner of this court ruled that discretionary review is
warranted in this case and asked the parties how they intended to proceed. The parties
then filed an agreed motion to reverse and remand for further proceedings in light of
Nielsen. The motion is granted.
Reversed and remanded for further proceedings.
For the court:
rvw
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Ccr^} J,
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