Potter v. Arizona Department of Transportation

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”) decision to suspend Shelly Potter’s driver’s license for her refusal to submit to a breathalyzer test. Because the record sufficiently supports…