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WHITE v. STATE

Nos. 1 CA-CIV 6756, 1 CA-CIV 6840.

144 Ariz. 39 (1985)

695 P.2d 288

Cecil Dale WHITE, Plaintiff-Appellant, v. The STATE of Arizona and Philip Thorneycroft, Assistant Director of the Arizona Department of Transportation for the Motor Vehicle Division, Real Party in Interest, Defendants-Appellees. Jo Ann Kathryn MORTON, Plaintiff-Appellee, v. The STATE of Arizona and Philip Thorneycroft, Assistant Director of the Arizona Department of Transportation for the Motor Vehicle Division, Real Party in Interest, Defendants-Appellants.

Court of Appeals of Arizona, Division One, Department C.

January 22, 1985.

Attorney(s) appearing for the Case

Wilkinson & Quarelli by O.J. Wilkinson, Jr., Phoenix, for plaintiff-appellant and plaintiff-appellee.

Robert K. Corbin, Atty. Gen., by Peter C. Gulatto, Asst. Atty. Gen., Phoenix, for defendants-appellees and defendants-appellants.

OPINION

JACOBSON, Chief Judge.

In both of these cases, individuals were arrested for driving under the influence of intoxicating liquor and were advised that failure to submit to an intoxication test would result in the suspension of their respective licenses under the implied consent statute, A.R.S. § 28-691(B). Both refused to submit to the test. However, neither was advised that he or she had a right to have a second sample of the test taken and preserved...

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