Koller v. Arizona Department of Transportation

OPINION

TOCI, Judge.

¶ 1 After a hearing, an administrative law judge (“ALJ”) entered an order suspending plaintiff Betty Koller’s (“Koller’s”) driver’s license for refusing to take a breath test under Arizona’s implied consent statute, Arizona Revised Statutes Annotated (“A.R.S.”) section 28-691. 1 The trial court reversed the ALJ’s suspension order. The Motor Vehicle Division of the Arizona Department of Transportation (“MVD”) now seeks reversal of the trial court’s judgment.

¶ 2 The issues presented are (1) whether a trial de novo is mandatory under A.R.S. section 12-910(0) (Supp.1997) when…