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CARETTO v. ARIZONA DEPT. OF TRANS.

No. 1 CA-CV 97-0318.

965 P.2d 31 (1998)

192 Ariz. 297

John P. CARETTO, Plaintiff-Appellee, v. ARIZONA DEPARTMENT OF TRANSPORTATION and Patricia J. d'Entremont, Hearing Officer, Defendants-Appellants.

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

Review Denied October 20, 1998.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Peter C. Gulatto, Assistant Attorney General, Phoenix, for Defendants-Appellants.

Toles & Associates, P.C. by Richard M. Gerry, Phoenix, for Plaintiff-Appellee.

SULT, Judge.

¶ 1 Pursuant to the implied consent provisions of Arizona Revised Statutes Annotated ("A.R.S.") section 28-691(B) (Supp.1997), an administrative law judge ("ALJ") suspended the driver's license of John P. Caretto for one year for refusing to submit to the second of two breath tests administered during duplicate testing. On appeal to the superior court, the ALJ's order was vacated and the superior court granted judgment in Caretto's favor. The Arizona...

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