Forino v. Arizona Department of Transportation

OPINION

GRANT, Presiding Judge.

The sole issue in this appeal is whether the failure of the Arizona Department of Transportation’s Motor Vehicle Division (“ADOT”) to conduct a timely implied consent hearing on a driver’s license suspension, as required by Arizona Revised Statutes Annotated (“A.R.S.”) section 28-691(G) (1992), divests ADOT of jurisdiction to suspend the license. For reasons that follow, we affirm the trial court’s holding that, in the absence of driver demonstrated prejudice, the thirty-day time period in A.R.S. sections 28-691(F) and (G) is directory and not mandatory.…