Novak v. State

OPINION

EUBANK, Presiding Judge.

The State of Arizona, through its Department of Transportation, appeals from the trial court’s reversal of a Department order suspending appellee Mark Jeffrey Novak’s driver’s license for six months pursuant to A.R.S. § 28-452(A) and (E).1 The sole issue is whether a person under the legal drinking age who uses the valid driver’s or identification license of a person who is over the legal drinking age to obtain an alcoholic beverage is subject to mandatory suspension of his own driver’s license pursuant to A.R.S. § 28-452. We hold that he is and reverse.

The…