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TORNABENE v. BONINE EX REL. ARIZONA HIGHWAY DEPT.

No. 2 CA-CV 2001-0124.

54 P.3d 355 (2002)

203 Ariz. 326

Wendy Lyn TORNABENE, Plaintiff/Appellee, v. Larry BONINE, ex rel. ARIZONA HIGHWAY DEPARTMENT, and Motor Vehicle Division aka Arizona Department of Transportation, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department B.

September 19, 2002.

Attorney(s) appearing for the Case

Janet Napolitano, Arizona Attorney General by Richard L. Rice and Peter C. Gulatto, Phoenix, for Defendants/Appellants.

Stephen Paul Barnard, Tucson, for Plaintiff/Appellee.

OPINION

PELANDER, J.

¶ 1 The Arizona Department of Transportation, Motor Vehicle Division (MVD), appeals from a Pima County Superior Court order vacating the suspension of appellee Wendy Lyn Tornabene's driver's license by a MVD administrative law judge (ALJ). This case presents an issue of first impression in Arizona: does the alleged unconstitutionality of a law enforcement officer's stop of a vehicle invalidate the state's subsequent suspension...

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