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POTTER v. ARIZONA DEPT. OF TRANSP.

No. 1 CA-CV 02-0078.

59 P.3d 837 (2002)

204 Ariz. 73

Shelly POTTER, Plaintiff-Appellee, Cross Appellant, v. ARIZONA DEPARTMENT OF TRANSPORTATION, Motor Vehicle Division; Mary Peters, Director; and Stacey Stanton, Division Director, Real Parties in Interest, Defendants-Appellants, Cross Appellees.

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

December 24, 2002.

Attorney(s) appearing for the Case

Janet Napolitano, Attorney General By John C. Dutton, Jr., Assistant Attorney General, Phoenix, Attorneys for Defendant-Appellants, Cross Appellees.

Weingart & Penrod By Jeremy L. Phillips, Tempe, Attorney for Plaintiff-Appellee, Cross Appellant.

OPINION

TIMMER, Presiding Judge.

¶ 1 Can a police officer have reasonable grounds to believe that an impaired motorist has actual physical control of a vehicle after that person parks to "sleep off" the effects of alcohol or drug intoxication? We answer that question affirmatively in this appeal by the Arizona Department of Transportation, Motor Vehicle Division ("MVD") from the superior court's judgment reversing an administrative law judge's ("ALJ...

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