State v. Superior Court

HOLOHAN, Justice.

Zettie Jane Hays, real party in interest, petitioned this court to review the decision of the Court of Appeals, 155 Ariz. 403, 747 P.2d 564, holding that she was not entitled to an evidentiary hearing by the trial court on the issue of whether she had voluntarily refused to submit to an intoxilyzer test after her arrest for driving under the influence of alcohol. We granted review to determine:

1) Whether the Court of Appeals erred in holding that A.R.S. § 28-692(K) does not interfere with the Arizona Supreme Court’s constitutionally-granted rulemaking authority, and

2) Whether…