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GAUNT v. MOTOR VEHICLE DIV., DEPT. OF TRANSP.

No. 1 CA-CIV 5892.

136 Ariz. 424 (1983)

666 P.2d 524

Charles Arthur GAUNT, Plaintiff-Appellant, v. MOTOR VEHICLE DIVISION, DEPARTMENT OF TRANSPORTATION, STATE OF ARIZONA, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department D.

Rehearing Denied May 11, 1983.

Review Denied June 30, 1983.

Attorney(s) appearing for the Case

Harold Riddel, Phoenix, for plaintiff-appellant.

Robert K. Corbin, Atty. Gen. by John L. Jones, Asst. Atty. Gen., Phoenix, for defendant-appellee.

OPINION

MEYERSON, Judge.

Two issues are presented in this appeal from the suspension of appellant's driving license pursuant to Arizona's implied consent statute. A.R.S. § 28-691. First, will a motorist's mistaken belief that he has the right to see an attorney prior to deciding whether to take a breath test excuse his refusal to take the test? Second, under what circumstances, if any, will a subsequent consent to take the test excuse the initial refusal...

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