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EX PARTE MAYO

1921892.

652 So.2d 201 (1994)

Ex parte Marvin W. MAYO. (Re Marvin William MAYO v. CITY OF MADISON).

Supreme Court of Alabama.

Rehearing Denied December 16, 1994.

Attorney(s) appearing for the Case

Phillip B. Price, Sr. of Price & Pearson, Huntsville, for petitioner.

Claude E. Hundley III and Jeffrey T. Kelly of Lanier, Ford, Shaver & Payne, P.C., Huntsville, for respondent.

James H. Evans, Atty. Gen., and Margaret S. Childers, Asst. Atty. Gen., amicus curiae Alabama Dept. of Forensic Sciences in support of the respondent.

ALMON, Justice.

Marvin Mayo was convicted in the Madison Municipal Court of driving under the influence of alcohol. Upon his appeal to the circuit court for a trial de novo, he filed a motion to suppress the results of a breath test that was administered to him. The circuit court held two hearings on the motion, with testimony presented by the officer who administered the test, the officer who inspected the machine on which Mayo was tested, an expert on behalf of...

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