TYERS v. DEPT. OF TRANSP., MVD

No. 1 CA-CV 89-130.

165 Ariz. 392 (1990)

799 P.2d 12

Timothy W. TYERS, Plaintiff-Appellant, v. ARIZONA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Charles L. Miller, Director, Lee A. Prins, Division Director, Defendants-Appellees.

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

Redesignated as Opinion and Publication Ordered June 21, 1990.

Review Denied October 23, 1990.


Attorney(s) appearing for the Case

Robert K. Corbin, the Atty. Gen. by Janis M. Haug, Asst. Atty. Gen., Phoenix, for defendants-appellees.

Mark N. Weingart by A. Glenn Reesing, Tempe, for plaintiff-appellant.


MEMORANDUM DECISION

EUBANK, Presiding Judge.

This is an appeal from the judgment affirming the suspension of appellant's driver's license pursuant to A.R.S. § 28-694.

In April 1988 appellant was stopped by a police officer who had observed appellant's erratic driving. The officer detected the odor of intoxicants on appellant's breath and thereafter performed a number of field sobriety tests. Appellant's performance was not satisfactory so he was...

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