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SHOPE v. CITY COURT OF CITY OF TUCSON

No. 2 CA-CIV 4232.

132 Ariz. 464 (1982)

646 P.2d 895

David SHOPE, Petitioner/Appellee, v. CITY COURT OF the CITY OF TUCSON, The Honorable Bram Goldman, Magistrate, Respondent, and The State of Arizona, ex. rel., Frederick S. Dean, City Attorney for the City of Tucson, real party in interest, Respondent/Appellant.

Court of Appeals of Arizona, Division 2.

June 7, 1982.

Attorney(s) appearing for the Case

Stephen Paul Barnard, Tucson, for petitioner/appellee.

Frederick S. Dean, Tucson City Atty. by Beverly A. Ginn and Tobin Rosen, Tucson, for respondent/appellant.

OPINION

HOWARD, Chief Judge.

On February 14, 1981, the defendant David Shope was involved in a traffic accident and was arrested for driving while under the influence in violation of A.R.S. § 28-692 and for two other charges. He was transported to the Tucson Police Department and was read the implied consent law (A.R.S. § 28-691) by Officer Barton, at which time the defendant was requested to submit to an intoxilyzer test and refused.

Officer...

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