BADE v. ARIZONA DEPT. OF TRANSP.

No. 1 CA-CIV 8225.

150 Ariz. 203 (1986)

722 P.2d 371

Jack L. BADE, Plaintiff-Appellee, v. ARIZONA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION; Driver's License Group, Juan Martin, Director Arizona Department of Transportation, Defendants-Appellants.

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

Review Denied July 15, 1986.


Attorney(s) appearing for the Case

Richard M. Gerry, P.C. by Richard M. Gerry, Phoenix, for plaintiff-appellee.

Robert K. Corbin, Atty. Gen. by Joe Acosta, Jr., Asst. Atty. Gen., Transp. Div., Phoenix, for defendants-appellants.


OPINION

HAIRE, Judge.

The primary issue in this appeal is whether the superior court properly enjoined the Arizona Department of Transportation (Department) from revoking the driver's license of appellee, Jack Bade (Bade).

Bade was previously convicted in 1983 of driving while under the influence of intoxicating liquors. Thereafter, on July 20, 1984, he was again convicted on a subsequent offense of driving while under the influence. Under the terms...

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