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CAMPBELL v. SUPERIOR COURT

No. 10445.

107 Ariz. 330 (1971)

487 P.2d 397

David H. CAMPBELL, Superintendent, Motor Vehicle Division, Arizona Highway Department, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, and the Honorable Howard V. Peterson, a Judge thereof, and Real Party in Interest, Sarkis DERADOURIAN, Respondents.

Supreme Court of Arizona, In Banc.

July 28, 1971.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Donald O. Loeb, Asst. Atty. Gen., Phoenix, for petitioner.

O'Reilly, Pollock, Pizzo & Brash by Charles S. Pizzo, Phoenix, for real party in interest.

HAYS, Vice Chief Justice.

Respondent, Sarkis Deradourian (hereinafter referred to as respondent), was arrested in Phoenix, Arizona on September 23, 1970 for driving upon the public highways of Arizona while under the influence of intoxicating liquors in violation of A.R.S. § 28-692. Thereafter, on September 29, 1970, the arresting officer filed with the Motor Vehicle Division of the Arizona Highway Department an affidavit pursuant to A.R.S. § 28-691, subsec...

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