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SHERRILL v. ARIZONA DEPT. OF TRANSP.

No. 1 CA-CV 88-591.

164 Ariz. 442 (1990)

793 P.2d 1109

Nancy Jane SHERRILL, Plaintiff-Appellant, v. ARIZONA DEPARTMENT OF TRANSPORTATION, Defendant-Appellee.

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

Review Granted July 10, 1990.

Attorney(s) appearing for the Case

Michael C. Hughes, John C. Hughes, Phoenix, for plaintiff-appellant.

Robert Corbin, Atty. Gen. by Leonardo Ruiz, Asst. Atty. Gen., Phoenix, for defendant-appellee.

OPINION

GRANT, Chief Judge.

In this appeal, we decide what constitutes successful completion of a breathalyzer test.

FACTS

Nancy Jane Sherrill was arrested January 29, 1988, for driving while intoxicated. A police officer took her to the Scottsdale Police Department and requested that she submit to a breathalyzer test. She agreed to do so and also admitted that she had been drinking.

Sherrill took the breathalyzer test twice. On the...

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