State v. Johnston

OPINION

MEYERSON, Judge.

Appellee was charged by information with driving a motor vehicle while under the influence of intoxicating liquor while his operator’s or chauffer’s license was suspended, cancelled, rejected, or refused, a class 5 felony, in violation of A.R.S. § 28-692.02. Although appellee had a valid Montana driver’s license at the time he was stopped, the prosecution under A.R.S. § 28-692.02 was based on a prior license revocation in Colorado.

Because he held a valid Montana license, appellee moved to dismiss the charges. The state argued that if appellee had any license that was…