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STATE v. SUPERIOR COURT, IN & FOR COUNTY OF MARICOPA

No. 10407.

107 Ariz. 332 (1971)

487 P.2d 399

The STATE of Arizona, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, et al.; Wayne William HOFFMAN, Defendant and Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

July 28, 1971.

Attorney(s) appearing for the Case

Joe R. Purcell, City Atty. by Toby Maureen Gerst, Asst. City Atty., Phoenix, for petitioner.

Flynn, Kimerer, Thinnes & Galbraith by Tom Galbraith, Phoenix, for real party in interest.

HAYS, Vice Chief Justice.

On July 23, 1970, respondent, Wayne William Hoffman (hereinafter referred to as respondent), was arrested in Phoenix, Arizona for driving while under the influence of intoxicating liquor and requested to submit to, and did in fact submit to, a chemical test of the breath as prescribed by A.R.S. § 28-691, subsec. A. Respondent thereafter was charged by complaint with a violation of A.R.S. § 28-692 in the Magistrate's Court of the...

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