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NOLAND v. STATE, DEPT. OF TRANSP.

No. 1 CA-CIV 8245.

151 Ariz. 466 (1986)

728 P.2d 685

Phillip Gregory NOLAND, Petitioner-Appellee, v. STATE of Arizona, DEPARTMENT OF TRANSPORTATION, Respondent-Appellant.

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

Reconsideration Denied November 6, 1986.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Bryan B. Perry, Phoenix, for respondent-appellant.

Glynn W. Gilcrease, Jr., Tempe, for petitioner-appellee.

ALLEN G. MINKER, Judge.

In Gaunt v. Motor Vehicle Div., Dept. of Transp., 136 Ariz. 424, 666 P.2d 524 (App. 1983), this court held that a motorist who first refused a blood alcohol test but subsequently requested to take the test might avoid license suspension under Arizona's implied consent statute, A.R.S. § 28-691. The Gaunt court held that a first refusal could be recanted...

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