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STATE EX REL. MCDOUGALL v. SUPERIOR CT.

No. 1 CA-SA 94-0329.

181 Ariz. 202 (1995)

888 P.2d 1389

STATE of Arizona, ex rel., Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Joseph D. Howe, a judge thereof, Respondent Judge, Daniel P. STOCK, Real Party in Interest.

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

January 24, 1995.

Attorney(s) appearing for the Case

Roderick G. McDougall, City Atty. by Fred A. Bibeau, Phoenix, for petitioner.

Harley Kurlander, Tucson, for real party in interest.

OPINION

TOCI, Judge.

The state filed a special action petition seeking review of the superior court's ruling that the state must demonstrate complete compliance with Department of Health Services ("DHS") regulations before breath-test results are admissible as evidence in a prosecution for driving under the influence ("DUI"). The petition presents one issue: must the state submit a breath-test device's quarterly control function reports in addition to the...

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