# Campbell v. Superior Court

> Arizona Supreme Court · January 15, 1971 · 106 Ariz. 542

URL: https://www.frixlaw.com/law-library/cases/9541083

## Case

- **Full name:** David H. CAMPBELL, Superintendent, Motor Vehicle Division, Arizona Highway Department, Petitioner, v. the SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, the Honorable W. E. Patterson, the Judge Thereof, and Real Party in Interest, Frank Eugene WHITE, Respondents
- **Court:** Arizona Supreme Court
- **Decided:** January 15, 1971
- **Citations:** 106 Ariz. 542; 479 P.2d 685; 1971 Ariz. LEXIS 206
- **Precedential status:** Published
- **Opinion:** Concurrence by Stevens
- **Judges:** Hays, Stevens, Lockwood, Udall, Cameron
- **Cited by:** 152 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9541083

## How later opinions describe it (automated extraction)

- holding that state’s implied consent law applies to any person, including juveniles, who drives a vehicle in the state
- finding “no merit” to the argument that Arizona’s implied consent law violates the Fourth Amendment
- holding that “suspension proceedings under [Arizona’s] Implied Consent Law are civil in nature”
- holding that a blood draw pursuant to DUI implied consent law requires probable cause

## Opinion text

HENRY S. STEVENS, Judge,
Court of Appeals (specially concurring) :
I concur except that it is my opinion that the court should disapprove the use of the refusal to take the test in criminal actions, thus negating the words “or criminal” in A.R.S. § 28-692, subsec. H.
CAMERON, J., concurs.
The Honorable FRED C. STRUCKMEYER, Chief Justice, having disqualified himself from participating in the determination of this case, the Honorable HENRY S. STEVENS, Judge of the Court of Appeals, was called in to sit in his stead.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9541083. Public record. Not legal advice.