Francis v. Arizona Department of Transportation

OPINION

TOCI, Judge.

¶ 1 The state appeals from the trial court’s order setting aside Dunton Francis’ license suspension entered by the Arizona Department of Transportation Motor Vehicle Division (“ADOT”) and restoring his driving privileges. In Forino v. Arizona Department of Transportation, 191 Ariz. 77, 952 P.2d 315 (App.1997) (review denied March 17, 1998) we held that ADOT’S failure to hold an implied consent hearing as required by statute within thirty days of a timely request did not invalidate the license suspension, in the absence of prejudice to the driver. The question raised by this…