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Weekly v. State8/7/2001
st in a revocation hearing is whether the officer 'had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle . . . .' RCW 46.20.308(8). In this case, the officer had reasonable grounds to believe Mr. Weekly was driving or in actual physical control of the car for several reasons. First, Ms. Haase informed the officer that the man standing near her car had been following her in the BMW parked behind her car. The officer detained this man. The officer was able to confirm that this man was Mr. Weekly, and that the BMW belonged to him. Even though Ms. Haase could not point to Mr. Weekly at the hearing and identify him as the person who was following her, there were reasonable grounds to believe that he was the person who had been driving the BMW.
In this case, the officer's sworn statement created a prima facie case that Mr. Weekly had been driving his car under the influence. Mr. Weekly then had the burden of refuting this evidence. He failed to request the officer's presence at his own peril. He requested Ms. Haase's presence, and she appeared telephonically. He established that because she was not in the same room as Mr. Weekly, she was unable to identify Mr. Weekly as the man who was following her. However, this did not refute the prima facie case established by the Department. Given the unrefuted evidence, the officer had reasonable grounds to believe Mr. Weekly had been driving or was in actual physical control of the BMW. It was not error for the hearing officer to allow Ms. Haase to appear by telephone.
Reverse.
Kurtz, C.J.
WE CONCUR:
Schultheis, J.
Brown, J.
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