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STATE v. STANLEY

No. 1 CA-CR 06-0649.

172 P.3d 848 (2007)

STATE of Arizona, Appellee, v. Jennifer S. STANLEY, Appellant.

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

December 18, 2007.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Joseph T. Maziarz, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender by Stephen Whelihan, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

BARKER, Judge.

¶ 1 We address in this Opinion several issues of first impression with regard to what is frequently referred to as the implied consent statute, applicable to those operating motor vehicles in Arizona and arrested for driving under the influence. Ariz.Rev.Stat. ("A.R.S.") § 28-1321 (Supp.2006). Specifically, we consider whether requesting to consult with an attorney constitutes a refusal to take a blood test under the implied...

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