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VAN HERREWEGHE v. BURKE EX REL. LA PAZ

No. 1 CA-SA 01-0251.

36 P.3d 65 (2001)

201 Ariz. 387

Victor VAN HERREWEGHE, Petitioner, v. The Honorable Michael BURKE, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF LA PAZ, Respondent Judge, State of Arizona, Real Party in Interest.

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

December 11, 2001.

Attorney(s) appearing for the Case

Churchill & Frame, by John C. Churchill, Parker, Attorney for Petitioner.

R. Glenn Buckelew, La Paz County Attorney, by Jay F. Brown, Assistant County Attorney, Parker, Attorneys for Real Party in Interest.

OPINION

LANKFORD, Judge.

¶ 1 In this special action, Petitioner challenges the superior court's denial of his motion to dismiss or to suppress breath analysis results.1 He contends that the State's failure to grant his immediate release following his arrest for a felony driving under the influence ("DUI") charge violated his due process right to gather exculpatory evidence. We hold...

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