Date: 10-24-2024

Case Style:

Robert P. Allen v. Arizona Department of Transportation

Case Number: LC-2023-000156-001

Judge: Joseph P. Mikitish

Court: Superior Court, Maricopa County, Arizona

Plaintiff's Attorney: Maricopa County, Arizona District Attorney's Office

Defendant's Attorney:

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Description:

Phoenix, Arizona criminal defense lawyer represented the Defendant charged with physical possession of an automobile while intoxicated.

¶2 In April 2022, a Safford Police Officer responded to a call to check on a driver asleep in a vehicle at Circle K. The officer found Allen in the driver's seat of his vehicle with the engine running. The officer noticed Allen had slurred speech and a slow demeanor. Allen agreed to do some field sobriety tests and the officer observed six clues of impairment. The officer also conducted a portable breath test on Allen, which showed he had a blood alcohol content ("BAC") of 0.151. Allen told the officer he had been drinking. Allen was arrested and submitted to a blood draw, which showed his BAC to be 0.211. Allen's license was suspended for 90 days.

¶3 Allen requested a hearing at ADOT's Executive Hearing Office ("EHO") to challenge the license suspension. Following a November 2022 hearing, the Administraive Law Judge ("ALJ") issued a decision affirming the license suspension. After Allen's rehearing request was denied, Allen filed a request for review and moved to set aside the ALJ's decision. The request for review was granted and a second hearing was held in April 2023. After the second hearing, the ALJ issued a decision affirming the suspension.

¶4 In the following days, Allen submitted additional rehearing requests, which were denied. In May 2023, the ALJ issued supplemental findings and an order affirming the denial of the rehearing requests. Allen then appealed to the superior court, which affirmed the agency's decision.

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Allen v. Ariz. Dep't of Transp., 1 CA-CV 24-0182 (Ariz. App. Oct 24, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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