Cited by
Opinions in Arizona that cite State v. Zavala, 666 P.2d 456.
- State v. Lopez-Clemente Ariz. Ct. App. Div. 1 2019
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State v. Lopez-Clemente
Ariz. Ct. App. Div. 1 2019
“[D]riving entails some motion of the vehicle in which the offender is apprehended.”
- State v. Tarr 331 P.3d 423 Ariz. Ct. App. Div. 1 2014
- State v. Tarr 331 P.3d 423 Ariz. Ct. App. Div. 1 2014
- State of Arizona v. Vincent Michael Allen 326 P.3d 339 Ariz. Ct. App. Div. 2 2014
- State of Arizona v. Vincent Michael Allen 326 P.3d 339 Ariz. Ct. App. Div. 2 2014
- State v. Forte 214 P.3d 1030 Ariz. Ct. App. Div. 2 2009
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State v. Forte
214 P.3d 1030
Ariz. Ct. App. Div. 2 2009
358 n. 1, , 458 n. 1 (1983); Fettis, 136 Ariz. at 59 , 664 P.2d at 209 .
- State v. Zaragoza 209 P.3d 629 Ariz. 2009
- State v. Zaragoza 209 P.3d 629 Ariz. 2009
- State v. Zaragoza 202 P.3d 489 Ariz. Ct. App. Div. 2 2009
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State v. Zaragoza
202 P.3d 489
Ariz. Ct. App. Div. 2 2009
at 326, 897 P.2d at 628 ; , (interpreting “actual physical control” language as encouraging impaired drivers to pull over and sleep until sober).
- State of Arizona v. Jesus Antonio Aleman Ariz. Ct. App. Div. 2 2005
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State of Arizona v. Jesus Antonio Aleman
Ariz. Ct. App. Div. 2 2005
tion to suppress based on that statute.5 See, P.2d 315 (1991) (trial court properly admitted defendant’s blood test results after he had driven his car into path of oncoming vehicle, caused death of other driver, smelled of alcohol at the scene and during questioning at hospital, even though defendant was not under arrest at that time); P.2d 456 (1983) (officer had probable cause to make DUI arrest after officer found defendant unconscious in vehicle parked off roadway and noted strong odor of a
- State of Arizona v. Daniel Heriberto Rivera Ariz. Ct. App. Div. 2 2004
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State of Arizona v. Daniel Heriberto Rivera
Ariz. Ct. App. Div. 2 2004
P.2d 626 (1995); P.2d 456 (1983); P.2d 338 (1954); Potter v. Ariz. Dep’t of Transp., P.3d 837 (App. 2002); Dawley.
- Potter v. Arizona Department of Transportation 59 P.3d 837 Ariz. Ct. App. Div. 1 2002
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Potter v. Arizona Department of Transportation
59 P.3d 837
Ariz. Ct. App. Div. 1 2002
¶ 11 Potter argues, however, that the above-described facts cannot constitute reasonable grounds for believing that she had actual physical control over her car while intoxicated because she had entered the “safe harbor”
- State v. Dawley 34 P.3d 394 Ariz. Ct. App. Div. 2 2001
- State v. Dawley 34 P.3d 394 Ariz. Ct. App. Div. 2 2001
- State v. Superior Court of State 945 P.2d 1334 Ariz. Ct. App. Div. 1 1997
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State v. Superior Court of State
945 P.2d 1334
Ariz. Ct. App. Div. 1 1997
(defendant guilty of DUI when found asleep inside a truck which was stopped in a traffic lane with its engine running) , (defendant not guilty of DUI when found asleep inside truck which was stopped in an emergency lane with key in ignition but engine not running).
- State v. Love 897 P.2d 626 Ariz. 1995
- State Ex Rel. O'Neill v. Brown 898 P.2d 474 Ariz. 1995
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State Ex Rel. O'Neill v. Brown
898 P.2d 474
Ariz. 1995
he moved to dismiss both charges.
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State v. Love
897 P.2d 626
Ariz. 1995
the defendant was found asleep and partly hanging out of the driver’s side window of his truck, which was parked in the emergency lane of Interstate 10.
- State v. Larriva 870 P.2d 1160 Ariz. Ct. App. Div. 2 1993
- State v. Larriva 870 P.2d 1160 Ariz. Ct. App. Div. 2 1993
- State Ex Rel. McDougall v. Superior Court 845 P.2d 508 Ariz. Ct. App. Div. 1 1993
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State Ex Rel. McDougall v. Superior Court
845 P.2d 508
Ariz. Ct. App. Div. 1 1993
the distinguishing factor being that in Zavala the defendant was found not to be in actual physical control of his vehicle because the engine was not running.
- State v. Robles 831 P.2d 440 Ariz. Ct. App. Div. 2 1992
- State v. Robles 831 P.2d 440 Ariz. Ct. App. Div. 2 1992
- Owen v. Creedon 826 P.2d 808 Ariz. Ct. App. Div. 2 1992
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Owen v. Creedon
826 P.2d 808
Ariz. Ct. App. Div. 2 1992
*513 , appellant contends there were no reasonable grounds to believe he was driving or in actual physical control of the motor vehicle.
- State v. Hensley 774 P.2d 1347 Ariz. 1989
- State v. Hensley 774 P.2d 1347 Ariz. 1989
- State v. Vermuele 772 P.2d 1148 Ariz. Ct. App. Div. 2 1989
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State v. Vermuele
772 P.2d 1148
Ariz. Ct. App. Div. 2 1989
The question of “actual physical control”
- Allen v. Girard 745 P.2d 192 Ariz. Ct. App. Div. 2 1987
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Allen v. Girard
745 P.2d 192
Ariz. Ct. App. Div. 2 1987
Allen also argues that “[t]he state has by implication recognized the diminishing state interest as one moves away from the actual traffic lanes” of highways, , , and State v. Superior Court, County of Greenlee
- State v. SUPER. CT., GREENLEE COUNTY 735 P.2d 149 Ariz. Ct. App. Div. 2 1987
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State v. SUPER. CT., GREENLEE COUNTY
735 P.2d 149
Ariz. Ct. App. Div. 2 1987
the supreme court again considered the question of “actual physical control.” There, the defendant was found asleep in his vehicle, which was stopped in the emergency or shoulder lane of Interstate 10 with the motor not running and the key in the ignition.
- Willis v. State 701 P.2d 10 Ariz. Ct. App. Div. 2 1985
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Willis v. State
701 P.2d 10
Ariz. Ct. App. Div. 2 1985
This is not a , where the evidence tended to show the driver had pulled off the highway to “sleep it off.” The finding of refusal to take the test also had sufficient evidentiary basis.
- State v. Shumway 672 P.2d 929 Ariz. 1983
- State v. Shumway 672 P.2d 929 Ariz. 1983