Robinson v. Prins

OPINION

BROOKS, Presiding Judge.

The state has appealed from a superior court judgment that set aside an administrative suspension of appellee Ned Ramon Robinson’s driver’s license for refusal to submit to a breath test under A.R.S. § 28-691(E). Although Robinson verbally agreed to submit to an intoxilyzer test, and nothing about his behavior suggested that his cooperation was less than complete, machine printouts characterized the samples that he provided as “deficient.” The issue on appeal is whether, under these circumstances, the state was required to establish that the officer…