In what circumstances will the Department of Justice seek to overturn a finding that a motorist is not responsible for causing death by dangerous driving under the Motor Vehicle Accident Act?

In order to follow Escobedo and preserve the constitutionality of the statute, the department "need not decide on the basis of conflicting evidence whether a motorist was in fact, culpable, but must determine if there is any reasonable possibility that a judgment will be recovered against him and the amount thereof." (See Schecter v. Killingsworth, supra, 93 Ariz. at p. 284, 380 P.2d at p. 143.) Escobedo guarantees the right of judicial review, but the test adopted raises a question of the scope of that review.