BARRETT v. THORNEYCROFT

No. 13579.

119 Ariz. 389 (1978)

581 P.2d 234

Thomas William BARRETT, Appellant, v. Philip THORNEYCROFT, Superintendent of Arizona State Motor Vehicle Department, Appellee.

Supreme Court of Arizona, In Division.

Rehearing Denied July 18, 1978.


Attorney(s) appearing for the Case

Ducey, Moore, Petsch, Robinson & Bennett by William F. Bennett, Scottsdale, for appellant.

Bruce E. Babbitt, Former Atty. Gen., John A. LaSota, Jr., Atty. Gen., by Paul S. Harter, Asst. Atty. Gen., Phoenix, for appellee.


HAYS, Justice.

Appellant Thomas William Barrett refused to take the "breathalyzer" test to determine the alcoholic content of his blood after he was arrested for being in actual physical control of a motor vehicle while under the influence of intoxicating liquor. The arresting officer notified the Arizona Highway Department, Drivers License Service, of appellant's arrest and refusal to take the breath test. Upon the basis of the affidavit presented by the officer...

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