 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Knapp v. Miller6/14/1990
e find no violation of that provision.
Knapp next asserts that the enactment of section 28-694, which gave police officers the power to suspend licenses, impermissibly legislated by reference to other statutes governing license suspension. See Ariz. Const. art. 4, pt. 2 § 14; A.R.S. §§ 28-441 through -454. We disagree. The legislation by reference provision of our constitution prohibits amending an act by mere reference to the title of the act. Section 28-694 did not amend those general statutes related to license suspension. See A.R.S. §§ 28-441 through -454. Section 28-694 added license suspension upon arrest for drunk driving .
V.
Knapp's final assertion is that the trial court's ruling upholding the order of suspension was arbitrary, capricious and without a rational basis. The superior court can set aside an administrative decision only if it is unsupported by competent evidence. City of Tucson v. Mills, 114 Ariz. 107, 111, 559 P.2d 663, 667 (App.1976).
Knapp's first argument seems to be that the trial court should have reversed the administrative decision because the hearing officer concluded that the extrapolation evidence offered by Knapp was not relevant. Because we conclude that Knapp's BAC at the time of the test, rather than at the time he drove, is the determinative factor under section 28-694, we find no arbitrary or capricious action by the trial court related to this issue.
Knapp's second argument is that the trial court should have required the hearing officer to consider his expert's testimony about inherent and possible errors in breath testing devices. We agree with the hearing officer's conclusion that the expert witness did not show that his general statements
applied to the facts of this case or that Knapp's test results were inaccurate. We find no arbitrary or capricious action related to this issue.
VI.
For the foregoing reasons, we affirm the judgment.
Page 1 2 3 4 5 6 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|