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Weekly v. State8/7/2001
The Department of Licensing revoked Aaron Scott Weekly's driver's license after he was arrested for driving under the influence . At the license revocation hearing, a witness Mr. Weekly subpoenaed was allowed to testify over the phone, instead of in person. Mr. Weekly appealed the hearing examiner's decision to the superior court, contending that the hearing violated his due process rights because he was unable to confront the witness who testified over the phone. The superior court agreed and reversed. We granted discretionary review. On appeal, the Department of Licensing contends Mr. Weekly had no right to confront the witness in person, and the witness's appearance by phone did not violate due process. We agree and reverse.
FACTS
At approximately 9:20 p.m., Officer James Wallingford of the Cheney Police Department heard a car horn honking outside of the police station. He went outside and found a man standing beside a Saturn automobile. A woman and a small boy were inside the Saturn. The woman, Sandra Haase, was honking the horn and waving her arms frantically at the officer. A BMW was parked behind the Saturn.
Officer Wallingford contacted the woman, and she informed him that the man had been following her. She said his car bumped hers as she stopped in front of the police station. The officer checked the bumper of the car and observed a scratch. The woman told the officer that she did not know the man who had been following her.
When Officer Wallingford contacted the man, he asked him whether there was a problem. The man, later identified as Aaron Scott Weekly, responded that he had had too much to drink. Officer Wallingford noticed that Mr. Weekly smelled of alcohol, his speech was slurred, his eyes were bloodshot and his face was flushed. Officer Wallingford handcuffed Mr. Weekly and escorted him into the police station.
Inside the police station, Mr. Weekly was identified through several credit cards contained in his wallet. Mr. Weekly failed all of the field sobriety tests he was given. Officer Wallingford arrested Mr. Weekly for driving under the influence .
Subsequently, Mr. Weekly's license was located in the BMW. Officer Wallingford told Mr. Weekly that he could not close a window on the car. Mr. Weekly explained that he was a private auto dealer and he had just purchased the car.
Officer Wallingford read Mr. Weekly his rights, and on the advice of counsel, Mr. Weekly submitted to a breath test. He was tested twice and he registered .194 on the first test and .198 on the second test. Officer Wallingford cited Mr. Weekly for driving under the influence , and for driving with a suspended license in the second degree.
After Officer Wallingford escorted Mr. Weekly into the station, he again contacted Ms. Haase. Ms. Haase said that she did not want the man who followed her to know her name because she feared he was mentally unstable. She reluctantly identified herself, and asked that her name not be disclosed. She said she did not want to be called into court to testify.
However, eventually Mr. Weekly's attorney subpoenaed Ms. Haase to appear at the implied consent hearing. The subpoena was served on Ms. Haase's husband two days before the hearing date. She did not appear. She later testified that she was out of state on the hearing date. Subsequently, she requested permission to appear at the next hearing by telephone.
At the telephonic hearing, Mr. Weekly's attorney argued that the witness, who claimed to be Ms. Haase on the phone, might not truly be Ms. Haase. Counsel asked Ms. Haase several identifying questions about her height, weight, marital status, and the
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