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VALENZUELA v. COWAN

No. 2 CA-CV 94-0088.

179 Ariz. 286 (1994)

877 P.2d 1342

Lionel A. VALENZUELA, Plaintiff/Appellee, v. Charles COWAN, Director, Arizona Department of Transportation, Motor Vehicle Division, Defendant/Appellant.

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

Reconsideration Denied August 8, 1994.

Attorney(s) appearing for the Case

Stephen Paul Barnard, P.C. by Stephen Paul Barnard, Tucson, for plaintiff/appellee.

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

LACAGNINA, Judge.

The Arizona Department of Transportation appeals from the trial court's order vacating the suspension of Lionel A. Valenzuela's driver's license, based on its finding that after Valenzuela submitted to a preliminary breath test he was not "fully and fairly warned" that his failure to take the test offered pursuant to A.R.S. § 28-691 would result in the suspension of his license. We reverse because we find that Valenzuela was adequately advised...

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