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STATE v. SUPERIOR COURT OF PIMA COUNTY

No. CV 86-0471-PR.

155 Ariz. 408 (1987)

747 P.2d 569

The STATE of Arizona, Petitioner/Appellant, v. The SUPERIOR COURT OF PIMA COUNTY, the Honorable Jack T. Arnold, a judge thereof, and Zettie Jane HAYS, Real Party in Interest.

Supreme Court of Arizona, En Banc.

December 15, 1987.

Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by George W. Bromley, Asst. City Atty., Tucson, for petitioner/appellant.

Waterfall, Economidis, Hanshaw & Villamana, P.C. by James W. Stuehringer, Bruce L. Skolnik, Tucson, for real party in interest.

HOLOHAN, Justice.

Zettie Jane Hays, real party in interest, petitioned this court to review the decision of the Court of Appeals, 155 Ariz. 403, 747 P.2d 564, holding that she was not entitled to an evidentiary hearing by the trial court on the issue of whether she had voluntarily refused to submit to an intoxilyzer test after her arrest for driving under the influence of alcohol. We granted review...

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