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KUNZLER v. MILLER

No. CV 87-0198-PR.

154 Ariz. 570 (1987)

744 P.2d 671

Ronald James KUNZLER, Plaintiff/Appellee, v. Charles MILLER, Director of Arizona Department of Transportation, and its Motor Vehicle Division, Defendants/Appellants.

Supreme Court of Arizona, In Banc.

September 24, 1987.

Attorney(s) appearing for the Case

Stephen Paul Barnard, P.C. by Stephen Paul Barnard, Tucson, for plaintiff/appellee.

Robert K. Corbin, Atty. Gen. by Barry A. McNaughton, Asst. Atty. Gen., Phoenix, for defendants/appellants.

CAMERON, Justice.

This is a petition for review of a memorandum decision of the court of appeals which set aside a decision of the Superior Court of Pima County reinstating petitioner's, Ronald James Kunzler, driver's privileges. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), and 17A Ariz.R. Civ.App.P., Rule 23.

We need answer only one question on appeal: was the accused improperly denied his right to an attorney while waiting for the breathalizer...

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