Halloway v. Martin
Court of Appeals of Arizona
1Opinion of the Court
OPINION
GREER, Judge.
The issue in this case is whether, under the implied consent law, the state must prove that a breath test, even though refused, was in compliance with statutory and Department of Health Services standards before ordering a license suspension. We hold that such proof is not necessary and affirm the suspension decision.
The facts are undisputed. On September 17, 1982, a Department of Public Safety Officer observed the appellant weaving and exceeding the speed limit on 1-17 in the city of Phoenix. The appellant was stopped, and the officer thereafter detected the odor of…
2Cases cited6 opinions
- Fuenning v. SUPER. CT. IN AND FOR CTY. OF MARICOPAArizona Supreme Court · 1983
- Fuenning v. Superior CourtArizona Supreme Court · 1983
- Woolman v. Department of Motor VehiclesCourt of Appeals of Washington · 1976
- Martin v. Super. Ct. in & for Cty. of MaricopaArizona Supreme Court · 1983
- Bell v. Department of Motor VehiclesCourt of Appeals of Washington · 1972
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Conahan v. DEPT. OF HWY. SAFETY AND MOTOR VEHICLESDistrict Court of Appeal of Florida · 1993
- Robinson v. PrinsCourt of Appeals of Arizona · 1989
- In re Suspension of License to Operate a Motor Vehicle of RogersCourt of Appeals of North Carolina · 1989
- White v. StateCourt of Appeals of Arizona · 1985
- Malveaux v. Colorado Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 1986
2 more not listed; retrieve them via the Exa API.