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WIESELER v. PRINS

No. 1 CA-CV 88-600.

167 Ariz. 223 (1990)

805 P.2d 1044

Randall Davis WIESELER, Petitioner-Appellant, v. Lee A. PRINS, Director of the Motor Vehicle Division, Department of Transportation, and State of Arizona, Respondents-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

As Corrected August 21, 1990.

Review Denied March 5, 1991.

Attorney(s) appearing for the Case

Gary L. Rohlwing, Arla H. Blasingim, Glendale, for petitioner-appellant.

Robert K. Corbin, Atty. Gen. by Janis M. Haug, Asst. Atty. Gen., Phoenix, for respondents-appellees.

OPINION

KLEINSCHMIDT, Judge.

Randall Wieseler's driver's license was suspended for driving when a breath test indicated that his blood alcohol concentration exceeded .10 percent, a violation of A.R.S. section 28-692. The test has a margin of error of plus or minus 10 percent. Wieseler contends that he cannot be in violation of the statute unless the breath test reads at least .110 percent to account for this margin of error. We disagree.

The case,...

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