Martinus Tillman, Respondent V. Department Of Licensing, Petitioner
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON MARTINUS TILLMAN, Respondent, v. STATE OF WASHINGTON, DEPARTMENT OF LICENSING, Petitioner. ) ) ) ) ) ) ) ) ) No. 68394-2-I DIVISION ONE UNPUBLISHED OPINION ) FILED: October 8, 2012 Per Curiam The Washington State Department of Licensing seeks discretionary review of the superior court order reversing the Department s suspension of Martinus Tillman s driver s license. The superior court determined that the implied consent warnings provided to Tillman were ambiguous and misleading as to the consequences for his commercial driver s license (CDL). In Allen v. State, Dep t of Licensing, ___ Wn. App. ___, 279 P.3d 963 (2012) (No. 66532-4-I, July 2, 2012), this court considered essentially identical implied consent warnings and determined that they were neither inaccurate nor misleading as to the consequences for a person with a CDL. Contrary to Tillman s assertions, the material facts in this case are essentially identical to those in Allen. Because the implied consent warnings were not ambiguous or misleading, the superior court erred in reversing the Department s suspension of Tillman s license. See Allen; see also Lynch v. Dep t of Licensing, 163 Wn. App. 697, 262 P.3d 65 (2011). Accordingly, we grant review, reverse the superior court s order, and reinstate No. 68394-2-I/2 the Department s orders of suspension and disqualification. Reversed. For the court: 2
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