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SCHADE v. DEPARTMENT OF TRANSP.

No. 2 CA-CV 92-0126.

175 Ariz. 460 (1993)

857 P.2d 1314

Michael Edward SCHADE, Petitioner/Appellee, v. The DEPARTMENT OF TRANSPORTATION, Respondent/Appellant.

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

Review Denied September 21, 1993.

Attorney(s) appearing for the Case

Willoughby, Evans, Riggs & Farnsworth by J.R. Evans III, Willcox, for petitioner/appellee.

Grant Woods, Atty. Gen. by Richard Kamps, Phoenix, for respondent/appellant.

OPINION

ESPINOSA, Judge.

The state appeals from a superior court order reversing the Department of Transportation's (DOT) suspension of appellee Michael Schade's driver's license for refusing to submit to a requested test, after he had already submitted to a breath test to determine his blood alcohol content (BAC). We reverse the superior court and reinstate the ruling of the DOT hearing officer.

The evidence at Schade's license suspension hearing...

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