Robinson v. Prins
Cited by
- State v. Duber 930 P.2d 502 Ariz. Ct. App. 1996
- State Ex Rel. McDougall v. Superior Court 888 P.2d 1389 Ariz. Ct. App. 1995
- Aakhus v. Hammock 859 P.2d 764 Ariz. Ct. App. 1993
- Ciulla v. Miller ex rel. Arizona Highway Dept. 821 P.2d 201 Ariz. Ct. App. 1991
- Ciulla v. MILLER, EX REL. HWY. DEPT., MVD 821 P.2d 201 Ariz. Ct. App. 1991
- Sherrill v. Department of Transportation 799 P.2d 836 Ariz. 1990
- Tyers v. Arizona Department of Transportation 799 P.2d 12 Ariz. Ct. App. 1990
- Sherrill v. Arizona Department of Transportation 793 P.2d 1109 Ariz. Ct. App. 1990
Authorities cited
Identified automatically; this list may not be exhaustive.
- Robinson v. Prins 777 P.2d 693
Opinion text
CAMERON, Justice. Petitioner, Ned Robinson, was arrested for driving while under the influence. A.R.S. § 28-692. Robinson was taken to the police station and verbally agreed to take a breath test. When the officer administered the test, Robinson took the mouthpiece, placed it in his mouth and appeared to blow into the machine. However, the machine indicated that Robinson had not supplied a sufficient sample for an accurate breath test. The officer gave Robinson several chances to produce an adequate sample, but none was ever given. Robinson claimed to have “bronchitis or something” and claimed that it was too hard to blow into the machine. A hearing officer suspended Robinson’s driver’s license for one year for allegedly refusing to submit to a breath test. A.R.S. § 28-691. Robinson appealed to the superior court, which found that the evidence did not support the hearing officer’s decision. The state appealed. The Court of Appeals, Division One, upheld the judgment of the superior court. Robinson v. Prins, 161 Ariz. 195 , 777 P.2d 693 (App.1989). The state petitioned this court for review, which we granted. We have read the court of appeals’ opinion and approve its reasoning. We affirm the decision upholding the findings of the superior court. Affirmed. GORDON, C.J., FELDMAN, V.C.J., and MOELLER and CORCORAN, JJ., concur.