Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1955 NO. 149 >

The minimum mandatory sentence under § 2, chapter 393, Laws of 1955, applies only to those offenses where the operator was driving under the influence while his operator's license was suspended or revoked.

AGO 1958 NO. 157 >

A county is not legally authorized to lease passenger vehicles which may be used both by county and by the employee personally with the cost to be divided between the two.

AGO 1955 NO. 161 >

RCW 46.44.048, providing for the payment for excess weights in addition to any penalty incurred under the provisions of Title 46, provides for the assessment of a civil penalty based on a graduate scale and is enforceable by a civil action.

AGO 1958 NO. 162 >

Reckless driving and negligent operation are not included offenses in driving under the influence, and a person cannot be convicted of either under a charge of the latter.

AGO 1953 NO. 167 >

A radar instrument known as an Electro-Matic Radar Speed Meter is not a "speed trap" within the meaning of RCW 46.48.120.  Consequently, evidence of speed violations secured by the use of such device is legally permissible and evidence so obtained is admissible in court.

AGO 1958 NO. 170 >

A person who has been convicted of, or forfeited bail for, operating a motor vehicle without a license cannot obtain a license to operate a motor vehicle during a three‑year period following such offense, unless he furnishes proof of financial responsibility during such period.

AGO 1954 NO. 200 >

If there are vehicles which qualify as diesel powered farm trucks the formula for determining gross weight fees, is the gross weight fee commensurate with the weight of the vehicle increased by twenty-five percent, then divided in half.

AGO 1958 NO. 213 >

(1)  The department of natural resources may use public funds to acquire by eminent domain or otherwise a system of special use roads for the management, protection and harvest of timber on public lands.  Such roads held in fee may be used by individuals and corporations pursuant to department regulation on a cost apportionment basis. (2)  Truck travel confined exclusively to such special use roads is not subject to state use fuel tax and licensing requirements applicable to public highway operation. (3)   If the fee is acquired in such lands and the land becomes unnecessary, it may be sold by the commissioner, but if only a use is acquired, it may be abandoned.

AGO 1958 NO. 225 >

The operator of a motor vehicle who has had his license suspended makes the necessary proof of ability to respond in damages required under the financial responsibility act by presenting a certificate of the state treasurer showing that there has been deposited with him collateral approved by him in the amount of $11,000, based upon the same standards imposed by statute as acceptable security for state deposits.

AGO 1950 NO. 275 >

There is not necessarily any direct conflict between subdivision (j), section 5, chapter 220 and section 3, chapter 221, Laws of 1949.  The correct construction of the two provisions is that no city or town has any right to interfere with a movement of an overloaded or overwidth vehicle through a city or town when such movement is confined to the route of the state highway, originating and terminating outside such city or town, provided such movement is lawfully permitted by the Director of Highways.