{"id":2245,"date":"2018-04-07T19:10:31","date_gmt":"2018-04-08T03:10:31","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=2245"},"modified":"2019-04-18T03:16:54","modified_gmt":"2019-04-18T11:16:54","slug":"ps-102-chapter-6-article-1-evasion-of-service-state-vs-vahl","status":"publish","type":"page","link":"https:\/\/www.trainingpips.com\/index.php\/ps-102-a-course-outline\/ps-102-understanding-case-summaries\/ps-102-chapter-6-an-introduction-to-evasion-of-service-case-law\/ps-102-chapter-6-article-1-evasion-of-service-state-vs-vahl\/","title":{"rendered":"PS 102 – Chapter 6 – Article 1 – Evasion of Service – State vs Vahl"},"content":{"rendered":"

Summary <\/strong><\/span>
\nState v. Vahl, 56 Wn. App. 603, 784 P.2d 1280 (1990)<\/strong><\/span><\/p>\n

Facts<\/strong><\/span><\/p>\n

The Department of Licensing sent Vahl notice<\/a> by certified mail that she was a habitual offender and that her license would be revoked. According to State statute, the notice<\/a> was sent to an address shown in the department records at that time. Three years later, a police officer stopped Vahl and cited her with driving in violation of an order revoking her license. The citation<\/a> showed a different address than the one maintained by the Department. <\/span><\/p>\n

Judicial<\/a> History<\/span><\/strong><\/p>\n

Vahl was charged with driving in violation of an order revoking her license. Defense moved to dismiss for lack of evidence<\/a> that she received notice<\/a> of revocation. The court denied the motion<\/a>. <\/span><\/p>\n

Specific Issue<\/strong><\/span>
\nWhether notice<\/a> sent by certified mail to the address of record maintained by the department is sufficient notice<\/a>. Yes<\/strong><\/span><\/p>\n

Holding<\/strong><\/span>
\nNotice<\/a> by certified mail to the address as shown in department records at the time of mailing is sufficient notice<\/a>. <\/span><\/p>\n

Reasoning<\/strong><\/span>
\nRefusing to claim<\/a> certified mail is analogous to refusing in hand service of process. A person<\/a> who refuses to accept service of process cannot prevent a proper court from obtaining jurisdiction<\/a>.<\/span><\/p>\n

C4PSE Comment<\/span><\/strong>
\nThis case<\/a> demonstrates the relative ease with which notice<\/a> requirements can be reduced to the simple use of the mail system or, in the alternative, the Internet and its associated features such as e-mail, social networking, and instant messaging. If a statute is created or amended in such a manner as to allow personal service<\/a> by one of these alternative means then the requirement for in-hand service may<\/a> well disappear.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Summary State v. Vahl, 56 Wn. App. 603, 784 P.2d 1280 (1990) Facts The Department of Licensing sent Vahl notice<\/a> by certified mail that she was a habitual offender and that her license would be revoked. According to State statute, the notice<\/a> was sent to an address shown in the department records at that time. […]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":2243,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-2245","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2245","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/comments?post=2245"}],"version-history":[{"count":0,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2245\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/pages\/2243"}],"wp:attachment":[{"href":"https:\/\/www.trainingpips.com\/index.php\/wp-json\/wp\/v2\/media?parent=2245"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}