KUZNICKI v. ARIZONA DEPT. OF TRANSP.

No. 2 CA-CV 5863.

152 Ariz. 381 (1986)

732 P.2d 1119

Kenneth A. KUZNICKI, Plaintiff/Appellee, v. ARIZONA DEPARTMENT OF TRANSPORTATION, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied January 26, 1987.


Attorney(s) appearing for the Case

Law Offices of John A. O'Brien, P.C., John A. O'Brien, Tucson, for plaintiff/appellee.

Robert K. Corbin, Atty. Gen., by Samuel Ruiz, Phoenix, for defendant/appellant.


OPINION

LIVERMORE, Presiding Judge.

Appellee, Kenneth Kuznicki, was arrested for driving while intoxicated. He was given the opportunity to take a breath test five times. On each occasion, he blew out the side of his mouth despite instructions not to do so. On one occasion, however, a reading was obtained although the machine characterized the breath sample as "deficient." The arresting officer then told appellee that he would be treated as having refused...

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