STATE v. SANCHEZ

No. 2CA-CR97-0524.

967 P.2d 129 (1998)

192 Ariz. 454

The STATE of Arizona, Appellant, v. Ramie Chacon SANCHEZ, Appellee.

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

Review Denied November 17, 1998.


Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney by Jonathan Bass, Tucson, for Appellant.

Stephen Paul Barnard, Tucson, for Appellee.


OPINION

BRAMMER, Judge.

¶ 1 The trial court dismissed one count of aggravated driving under the influence of intoxicating liquor (DUI) filed against appellee, Ramie Sanchez, finding that his due process rights had been violated because the machine used to test his breath was not scientifically valid or reliable, the state should have known that it did not meet the established state regulations for breath testing devices, and he did not waive...

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