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STATE v. RODRIGUEZ

No. 2 CA-SA 92-0060.

173 Ariz. 450 (1992)

844 P.2d 617

STATE of Arizona, Petitioner, v. The Honorable Lina RODRIGUEZ, Judge of the Superior Court of the State of Arizona, In and For the County of Pima, Respondent, and Richard L. HESTAD, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied February 2, 1993.

Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by R. William Call and Nancy Elizabeth Dean, Tucson, for petitioner.

D. Jesse Smith, Tucson, for real party in interest.

OPINION

LIVERMORE, Chief Judge.

This special action was taken from the order of the superior court affirming a city magistrate's order suppressing the results of field sobriety and intoxilyzer tests conducted in connection with the real party in interest's arrest for driving under the influence of alcohol and with an alcohol concentration of .10 or more. A.R.S. § 28-692(A)(1) and (2). Because the issues presented are purely legal, involving no disputed...

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