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MONTANO v. SUPERIOR COURT PIMA COUNTY

No. 18186-PR.

149 Ariz. 385 (1986)

719 P.2d 271

Jose Roberto MONTANO, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, and Honorable William L. Scholl, a Judge Pro Tempore thereof, Respondents, and The STATE of Arizona, ex rel. Stephen D. NEELY, County Attorney for the County of Pima, Real Party in Interest.

Supreme Court of Arizona, En Banc.

Supplemental Opinion June 10, 1986.

Attorney(s) appearing for the Case

Frederic J. Dardis, Pima County Public Defender, Amanda McGee, Deputy Pima County Public Defender, Tucson, for petitioner.

Stephen D. Neely, Pima Co. Atty., Paula Davidon, William Mills, Deputy Pima Co. Attys., Tucson, for respondents.

GORDON, Vice Chief Justice.

We accepted review of this petition after the Court of Appeals declined to accept jurisdiction of a Petition for Special Action arising from the trial court's determination of two issues: whether A.R.S. § 28-691 (the Implied Consent statute) requires all police departments to provide some form of alcohol testing to those arrested for Driving Under the Influence of Intoxicating Liquor (DWI...

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