Campbell v. Superior Court

HAYS, Chief Justice.

This is a special action brought by the motor vehicle division of the Arizona Highway Department against Howard V. Peterson and the superior court of which he is a judge. We accepted jurisdiction on September 12, 1972.

The judge made complete findings of fact which appear to be justified by the evidence, even though he erroneously denominated some of them as conclusions of law. The findings indicate that Thomas W. Shores, having been arrested and charged with driving while intoxicated, refused to take a breath test; that after following proper procedures, Shores’ driver’s…