In Medina v. Arizona Department of Transportation, 185 Ariz. 414, 419, 916 P.2d 1130, 1135 (App. 1995) the Court held the Arizona Department of Transportation ("ADOT") waived its defense of the defendant's failure to exhaust administrative remedies by failing to timely raise the issue. "Once Medina sought judicial review of his license suspension, his alleged failure to exhaust administrative remedies became a timely and possibly viable procedural defense. However, ADOT delayed raising this issue until after the court reached its decision and thus waived it." Id.