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MOSS v. SUPERIOR COURT

No. 1 CA-SA 93-0111.

175 Ariz. 348 (1993)

857 P.2d 400

Louis B. MOSS, and Kenneth McElwain, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF LA PAZ, the Honorable Michael Irwin, a judge thereof, Respondent Judge, Steven P. SUSKIN, La Paz County Attorney, Real Party in Interest.

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

July 29, 1993.

Attorney(s) appearing for the Case

Michael J. Burke, Public Defender, Parker, for petitioners.

Steven Suskin, La Paz County Atty., Parker, for real party in interest.

Richard M. Romley, Maricopa County Atty. by Mark K. Ainley, Deputy County Atty., Phoenix, for amicus curiae.

OPINION

GRANT, Judge.

Defendants below, Louis B. Moss and Kenneth McElwain, petition for special action relief, asserting that the trial court's denials of their motions to suppress Intoxilyzer test results taken after their arrests for aggravated driving while under the influence of intoxicating liquor ("DUI") constituted denial of due process of law. This special action challenges the constitutionality of Ariz. Rev. Stat. Ann. ("A.R.S.") section 28-692(G...

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