Legal Opinion

State v. Superior Court

Court of Appeals of Arizona

Decided June 2, 1986No. 2 CA-CIV 5598PublishedCited by 6 opinions

1Opinion of the Court

OPINION

HATHAWAY, Chief Judge.

Real party in interest, Zettie Jane Hays (Hays), was indicted for driving while intoxicated pursuant to A.R.S. § 28-692(A). She seeks to have evidence of her refusal to take the intoxilyzer test suppressed pursuant to a ruling by the Arizona Motor Vehicle Division (MVD) that she had not voluntarily declined to take the test.

Following Hays’ arrest on April 4, 1984, the Tucson Police Department arresting officers explained the implied consent law, A.R.S. § 28-691. Section 28-691(A) provides that any person who operates a motor vehicle impliedly gives consent to have…

2Cases cited15 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. South Dakota v. NevilleSupreme Court of the United States · 1983
  3. People v. SimsCalifornia Supreme Court · 1982
  4. State v. ArnettArizona Supreme Court · 1978
  5. State Ex Rel. Collins v. SeidelArizona Supreme Court · 1984

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3Cited by6 opinions

  1. Bruce v. Chas Roberts Air Conditioning, Inc.Court of Appeals of Arizona · 1990
  2. Hollis v. State Ex Rel. Department of Public SafetySupreme Court of Oklahoma · 2008
  3. State v. Superior CourtArizona Supreme Court · 1987
  4. Diaz v. BerniniCourt of Appeals of Arizona · 2018
  5. Diaz v. Hon. bernini/state/tucson City ProsecutorArizona Supreme Court · 2019

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