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ONTIVEROS v. ARIZONA DEPT. OF TRANSP.

No. 2 CA-CIV 5764.

151 Ariz. 542 (1986)

729 P.2d 346

Manuel M. ONTIVEROS, Plaintiff/Appellee, v. ARIZONA DEPARTMENT OF TRANSPORTATION, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department A.

November 26, 1986.

Attorney(s) appearing for the Case

Sevrin J. Huselid, Globe, for plaintiff/appellee.

Robert K. Corbin, Atty. Gen. by William S. Jameson, Jr., Phoenix, for defendant/appellant.

OPINION

HATHAWAY, Chief Judge.

The state appeals from a superior court decision overturning a finding by a Department of Transportation (DOT) hearing officer that appellee had refused to submit to a breath test.

Appellee was stopped by a Department of Public Safety (DPS) officer because his vehicle was weaving over the white line. He failed a field sobriety test, was arrested and taken to the Globe Sheriff's office where the officer attempted to administer...

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