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FORINO v. ARIZONA DEPT. OF TRANSP.

No. 1CA-CV96-0578.

952 P.2d 315 (1997)

191 Ariz. 77

Frederick F. FORINO, Plaintiff-Appellant, v. ARIZONA DEPARTMENT OF TRANSPORTATION, Defendant-Appellee.

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

Review Denied March 17, 1998.

Attorney(s) appearing for the Case

Law Offices of Weingart & Penrod by Martin G. McAuliffe, Tempe, for Plaintiff-Appellant.

Grant Woods, Attorney General by Peter C. Gulatto, Assistant Attorney General, Transportation Section Attorneys, Phoenix, for Defendant-Appellee.

OPINION

GRANT, Presiding Judge.

The sole issue in this appeal is whether the failure of the Arizona Department of Transportation's Motor Vehicle Division ("ADOT") to conduct a timely implied consent hearing on a driver's license suspension, as required by Arizona Revised Statutes Annotated ("A.R.S.") section 28-691(G) (1992), divests ADOT of jurisdiction to suspend the license. For reasons that follow, we affirm the trial court's holding that, in the absence...

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