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BRAUN v. MVD, DEPT. OF TRANSP.

No. 1 CA-CV 88-281.

161 Ariz. 487 (1989)

779 P.2d 362

Lelyn James BRAUN, Plaintiff-Appellee, v. MOTOR VEHICLE DIVISION; DEPARTMENT OF TRANSPORTATION; STATE OF ARIZONA, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department C.

September 12, 1989.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Leonardo Ruiz, Asst. Atty. Gen., Transp. Div., Phoenix, for defendant-appellant.

Raleigh W. Johnson, Monett, Mo., for plaintiff-appellee.

OPINION

CLABORNE, Judge.

This case is on appeal from a review of a decision of the Arizona Department of Transportation, Motor Vehicle Division, by the Superior Court of Navajo County. We have jurisdiction pursuant to A.R.S. §§ 12-120.21(A)(1), 12-913 and 12-2101(B).

The principal issue raised is whether A.R.S. § 28-691, Arizona's "Implied Consent Statute," grants an arresting officer discretion to determine which chemical sobriety test...

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