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CAMPBELL v. SUPERIOR COURT

No. 10110.

106 Ariz. 542 (1971)

479 P.2d 685

David H. CAMPBELL, Superintendent, Motor Vehicle Division, Arizona Highway Department, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable W.E. Patterson, the Judge thereof, and Real Party in Interest, Frank Eugene WHITE, Respondents.

Supreme Court of Arizona, In Banc.

January 15, 1971.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by John H. Ryley, Asst. Atty. Gen., Phoenix, for petitioner.

Michael E. Benchoff, Phoenix, for respondent White.

HAYS, Justice.

Respondent, Frank Eugene White, (hereinafter referred to as respondent), was arrested for driving upon the public highways of Arizona while under the influence of intoxicating liquor in violation of A.R.S. § 28-692. The arresting officer requested that respondent submit to a chemical test of his breath pursuant to A.R.S. § 28-691, subsec. A. When in the opinion of the officer respondent refused to submit to the test, the officer submitted...

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