Legal Opinion
Gaunt v. Motor Vehicle Div., Dept. of Transp.
Court of Appeals of Arizona
Decided March 31, 1983No. 1 CA-CIV 5892PublishedCited by 38 opinions
1Opinion of the Court
OPINION
MEYERSON, Judge.
Two issues are presented in this appeal from the suspension of appellant’s driving license pursuant to Arizona’s implied consent statute. A.R.S. § 28-691. First, will a motorist’s mistaken belief that he has the right to see an attorney prior to deciding whether to take a breath test excuse his refusal to take the test? Second, under what circumstances, if any, will a subsequent consent to take the test excuse the initial refusal? We decide these issues in favor of the appellee and affirm the judgment.
I. FACTS
The facts in the case are as follows. Appellant Charles…
2Cases cited25 opinions
- South Dakota v. NevilleSupreme Court of the United States · 1983
- Campbell v. Superior CourtArizona Supreme Court · 1971
- Spradling v. DeimekeSupreme Court of Missouri · 1975
- Hoban v. RiceOhio Supreme Court · 1971
- Bush v. BrightCalifornia Court of Appeal · 1968
20 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Toby Joseph Welch v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 2011
- Department of Licensing v. LaxWashington Supreme Court · 1995
- Larmer v. STATE, DEPT. OF HIGHWAY SAFETYDistrict Court of Appeal of Florida · 1988
- Matter of SmithIdaho Court of Appeals · 1989
- State v. SuazoNew Mexico Supreme Court · 1994
33 more not listed; retrieve them via the Exa API.