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CHAVEZ v. CAMPBELL

No. Civ-73-163 Phx WEC.

397 F.Supp. 1285 (1973)

Erenst Castaneda CHAVEZ, Plaintiff, v. David H. CAMPBELL, Superintendent, Motor Vehicle Division, Arizona Highway Department, Defendant.

United States District Court, D. Arizona.

July 2, 1973.

Attorney(s) appearing for the Case

George W. Oglesby, Phoenix, Ariz., for plaintiff.

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

Before TRASK, Circuit Judge, and CRAIG and MUECKE, District Judges.

OPINION

CRAIG, Chief Judge.

On February 1, 1973, plaintiff was driving his automobile on a public street in Phoenix, Arizona, and was arrested and charged with a violation of A.R.S. § 28-721(A), failure to drive on the right side of the roadway, and with violation of A.R.S. § 28-692, driving while under the influence of intoxicating liquor (DWI). Pursuant to A.R.S. § 28-691, Arizona's implied...

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