[Download] "Francis v. Arizona Department of Transportation" by Arizona Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Francis v. Arizona Department of Transportation
- Author : Arizona Court of Appeals
- Release Date : January 25, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
1 The state appeals from the trial courts order setting aside Dunton Francis license suspension entered by the Arizona Department of Transportation Motor Vehicle Division ("ADOT") and restoring his driving privileges. In Forino v. Arizona Department of Transportation, 191 Ariz. 77, 952 P.2d 315 (App. 1997) (review denied March 17, 1998) we held that ADOTS failure to hold an implied consent hearing as required by statute within thirty days of a timely request did not invalidate the license suspension, in the absence of prejudice to the driver. The question raised by this appeal is whether the trial court was entitled to disregard our decision in Forino and reach its own Conclusion as to the meaning of the statutes that we construed in Forino. We conclude that the trial court erred and therefore reverse.