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JHAGROO v. CITY OF PHOENIX

No. 1 CA-CIV 7524.

143 Ariz. 595 (1984)

694 P.2d 1209

Brian N. JHAGROO, Plaintiff-Appellee, v. CITY OF PHOENIX, MUNICIPAL COURT; The Honorable Eugene K. Mangum, Judge of the City of Phoenix Municipal Court, and Andrew Baumert III, Phoenix City Attorney, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department D.

Reconsideration Denied December 18, 1984.

Review Denied February 13, 1985.

Attorney(s) appearing for the Case

Howard M. Klein, P.C., by Howard M. Klein, Phoenix, for plaintiff-appellee.

Roderick G. McDougall, City Atty. by Aaron J. Carreon-Ainsa, Asst. City Prosecutor, Phoenix, for defendants-appellants.

MEYERSON, Judge.

This is an appeal from a judgment entered by the superior court in a special action brought by Brian N. Jhagroo the defendant in a DWI prosecution. Appellant City of Phoenix challenges the superior court's reversal of a City court order denying Jhagroo's motion to suppress the results of a blood alcohol test performed by a gas chromatograph intoximeter (GCI). We must decide whether the superior court erred in holding that the police department's failure...

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