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STATE v. SUPERIOR COURT OF PIMA COUNTY

No. 2 CA-CIV 5626.

149 Ariz. 601 (1986)

721 P.2d 149

The STATE of Arizona, Petitioner/Appellant, v. The SUPERIOR COURT of PIMA COUNTY, the Honorable Norman S. Fenton, a judge thereof, Respondent/Appellee, and Mark J. GILLILAND, Real Party in Interest.

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

May 1, 1986.

Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by R. William Call and Wendy A. Hernandez, Tucson, for petitioner/appellant.

Stephen Paul Barnard, Tucson, for real party in interest.

OPINION

HATHAWAY, Chief Judge.

On September 16, 1984, appellee was arrested and charged with violating A.R.S. § 28-692(A), by driving under the influence of intoxicating alcohol or drugs. After appellee's arrest, the police requested that he take an intoxilyzer test. Appellee refused. The parties disagree as to the extent the police informed appellee about the implied consent law. It is clear, however, that he was not advised that his alleged refusal...

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