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WERNER v. PRINS

No. 1 CA-CV 89-427.

168 Ariz. 271 (1991)

812 P.2d 1089

James R. WERNER, Plaintiff-Appellee, v. Lee A. PRINS, as Director of the Arizona Department of Transportation, Motor Vehicle Division, State of Arizona, Defendant-Appellant.

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

Review Denied July 10, 1991.

Attorney(s) appearing for the Case

Patrick E. Eldridge, Phoenix, for plaintiff-appellee.

Grant Woods, Atty. Gen. by Janis M. Haug, Asst. Atty. Gen., Phoenix, for defendant-appellant.

OPINION

McGREGOR, Judge.

The issue in this case is whether the state violated appellee James Werner's right to due process of the law when it was unable to provide him a reasonably reliable preserved breath sample for use in a civil driver's license suspension hearing held pursuant to A.R.S. § 28-694.1

I.

Early on March 23, 1989, a Phoenix police officer stopped...

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