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STATE v. BRITA

No. CR-87-0068-PR.

158 Ariz. 121 (1988)

761 P.2d 1025

STATE of Arizona, Appellant, v. Robert John BRITA, Appellee.

Supreme Court of Arizona, En Banc.

September 1, 1988.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty., Phoenix, for appellant.

Richard R. Brennan, Scottsdale, for appellee.

MOELLER, Justice.

JURISDICTION

In this case the defendant moved to suppress the results of a blood alcohol test performed on a blood sample taken from him. After an extensive evidentiary hearing, the trial court suppressed the test results because the test was not taken in accordance with the implied consent law, A.R.S. § 28-691, or the exception for medical purposes under A.R.S. § 28-692(M). The state appealed.

In a published opinion, the...

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