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MURRAY v. THORNEYCROFT EX REL. ARIZONA, ETC.

No. 2 CA-CIV 3907.

131 Ariz. 156 (1981)

639 P.2d 346

James L. MURRAY, a married man, Petitioner/Appellant, v. Philip THORNEYCROFT, ex rel., ARIZONA HIGHWAY DEPARTMENT MOTOR VEHICLE DIVISION, Respondent/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 19, 1981.

Review Denied December 22, 1981.

Attorney(s) appearing for the Case

Higgins & Sinema, P.C. by Thomas E. Higgins, Jr., Tucson, for petitioner/appellant.

Robert K. Corbin, Atty. Gen. by James L. Hohnbaum, Asst. Atty. Gen., Phoenix, for respondent/appellee.

OPINION

HATHAWAY, Chief Judge.

Challenged on this appeal is the policy of the Arizona Highway Department of Motor Vehicles Division, which requires the suspension of licenses of drivers who refuse to take the chemical test for intoxication. While A.R.S. § 28-691(D) calls for mandatory suspension in such circumstances, A.R.S. § 28-446(A)(9) allows the department to order driver training without suspension in the same circumstances. Appellant contends...

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