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RICARD v. ARIZONA DEPT. OF TRANSP.

No. 1 CA-CV 96-0173.

187 Ariz. 633 (1997)

931 P.2d 1143

Michael RICARD, Plaintiff-Appellee, v. ARIZONA DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

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

January 30, 1997.

Attorney(s) appearing for the Case

Cameron A. Morgan, Scottsdale, for Plaintiff-Appellee.

Grant Woods, Attorney General by Peter C. Gulatto, Assistant Attorney General, Phoenix, for Defendant-Appellant.

OPINION

PATTERSON, Judge.

The Arizona Department of Transportation appeals from the superior court's reversal of the suspension of Michael Ricard's license to drive. The superior court ruled that the record clearly revealed that (1) the officer had not informed Ricard that his conduct in "attempting to obfuscate the testing process" would be deemed a refusal to take the test; and (2) that Ricard "recanted" his refusal.

We affirm, but on different grounds...

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