Caretto v. Arizona Department of Transportation

1 Pursuant to the implied consent provisions of Arizona Revised Statutes Annotated ("A.R.S.") section 28-691(B) (Supp. 1997), an administrative law Judge ("ALJ") suspended the drivers license of John P. Caretto for one year for refusing to submit to the second of two breath tests administered during duplicate testing. On appeal to the superior court, the ALJs order was vacated and the superior court granted judgment in Carettos favor. The Arizona Department of Transportation ("ADOT") has appealed the decision of the superior court. For the following reasons, we reverse.