Ricard v. Arizona Department of Transportation

OPINION

PATTERSON, Judge.

The Arizona Department of Transportation appeals from the superior court’s reversal of the suspension of Michael Ricard’s license to drive. The superior court ruled that the record clearly revealed that (1) the officer had not informed Ricard that his conduct in “attempting to obfuscate the testing process” would be deemed a refusal to take the test; and (2) that Ricard “recanted” his refusal.

We affirm, but on different grounds. Before the issue of recantation of a refusal becomes pertinent, there must be an effective refusal. The evidence produced in the hearing was…