Voyles v. Thorneycroft

OPINION

CRAIG, District Judge.

Plaintiff in the above entitled cause attacks the constitutionality of the Arizona Implied Consent Law, A.R.S. § 28-691. Plaintiff has instituted the action pursuant to Title 42 U.S.C. § 1983, and invokes the jurisdiction of this Court pursuant to Title 28 U.S.C. § 1343.

This is the second time the Implied Consent Statute of Arizona has been challenged on constitutional grounds before this Court, Chavez v. Campbell, Civ-73-163 Phx. In that ease the Arizona Implied Consent Statute was held to be unconstitutional for failure to comply with the due process clause of…