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OWEN v. CREEDON

No. 2 CA-CV 91-0206.

170 Ariz. 511 (1992)

826 P.2d 808

William Paul OWEN, Plaintiff/Appellant, v. James S. CREEDON, Acting Director, and Richard W. Raymond, Hearing Officer, Motor Vehicle Division, Department of Transportation, State of Arizona, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

February 20, 1992.

Attorney(s) appearing for the Case

Fred Belman, Tucson, for plaintiff/appellant.

Grant Woods, Atty. Gen. by Richard Kamps, Phoenix, for defendants/appellees.

OPINION

HOWARD, Judge.

This is an appeal from a superior court order affirming an order of the Arizona Department of Transportation, Motor Vehicle Division, suspending appellant's driver's license for refusal to submit to an intoxilyzer. Appellant contends the superior court erred in sustaining the decision of the Motor Vehicle Division because there was insufficient evidence that he was driving or in physical possession of a motor vehicle while under the...

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