Caretto v. Arizona Department of Transportation

SULT, Judge.

¶ 1 Pursuant to the implied consent provisions of Arizona Revised Statutes Annotated (“A.R.S.”) section 28-691(B) (Supp.1997), an administrative law judge (“ALJ”) suspended the driver’s license of John P. Caret-to for one year for refusing to submit to the second of two breath tests administered during duplicate testing. On appeal to the superior court, the ALJ’s order was vacated and the superior court granted judgment in Caretto’s favor. The Arizona Department of Transportation (“ADOT”) has appealed the decision of the superior court. For the following reasons, we reverse.

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