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ANDERSON v. STATE

No. 2 CA-CV 87-0145.

155 Ariz. 289 (1987)

746 P.2d 30

Ronald D. ANDERSON, Plaintiff/Appellee, v. STATE of Arizona, Defendant/Appellant.

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

November 10, 1987.

Attorney(s) appearing for the Case

Frederick S. Dean, City Atty. by R. William Call and George W. Bromley, Tucson, for defendant/appellant.

Karp, Stolkin, Weiss & McDonald by Stephen M. Weiss and Margo Z. Pitt, Tucson, for plaintiff/appellee.

OPINION

LIVERMORE, Presiding Judge.

Appellee Ronald D. Anderson was charged in Tucson City Court in two counts with driving while being intoxicated under A.R.S. § 28-692(A) and driving with a blood-alcohol level greater than 0.10% (the test result was 0.12%) in violation of A.R.S. § 28-692(B). After it was discovered that the state would offer evidence relevant to the § 28-692(A) charge that everyone is adversely impaired when blood-alcohol...

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