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STATE EX REL. ROSS v. NANCE

No. CV-90-0001-SA.

165 Ariz. 286 (1990)

798 P.2d 1295

STATE of Arizona ex rel. ROSS, Director, Motor Vehicles Division, Petitioner, v. William Daniel NANCE, real party in interest, and Honorable Michael D. Ryan, Judge of the Superior Court of Maricopa County, Respondents.

Supreme Court of Arizona, En Banc.

Reconsideration Denied October 23, 1990.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Janis M. Haug, Joe Acosta, Jr., Asst. Attys. Gen., Phoenix, for petitioner.

Labdon & Morgan, P.C. by Cameron A. Morgan, Scottsdale, for respondent.

Michael J. Dew, Phoenix, amicus curiae.

OPINION

MOELLER, Justice.

FACTS AND JURISDICTION

Respondent William Daniel Nance was arrested for driving while intoxicated. Approximately one hour after his arrest, respondent submitted to a breath test that resulted in a blood alcohol content (BAC) of .110. Pursuant to A.R.S. § 28-694, the arresting officer served respondent with an order of suspension of driving privileges. Respondent timely requested an administrative hearing under the statute...

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