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ROBINSON v. PRINS

No. CV-89-0090-PR.

161 Ariz. 198 (1989)

777 P.2d 696

Ned Ramon ROBINSON, Petitioner-Appellee, v. Lee A. PRINS, Arizona Department of Transportation, Respondent-Appellant.

Supreme Court of Arizona, In Banc.

May 9, 1989.

Attorney(s) appearing for the Case

Robert G. Swan, Phoenix, for petitioner-appellee.

Robert K. Corbin, Atty. Gen. by Joe Acosta, Jr., Asst. Atty. Gen., Phoenix, for respondent-appellant.

CAMERON, Justice.

Petitioner, Ned Robinson, was arrested for driving while under the influence. A.R.S. § 28-692. Robinson was taken to the police station and verbally agreed to take a breath test. When the officer administered the test, Robinson took the mouthpiece, placed it in his mouth and appeared to blow into the machine. However, the machine indicated that Robinson had not supplied a sufficient sample for an accurate breath test. The officer gave Robinson...

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