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STATE v. BOUCK

No. 1 CA-CR 09-0938.

241 P.3d 524 (2010)

STATE of Arizona, Appellee, v. David Levi BOUCK, Appellant.

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

November 2, 2010.

Attorney(s) appearing for the Case

Terry Goddard , Attorney General By Kent E. Cattani , Chief Counsel, Criminal Appeals Section/Capital Litigation Section, Suzanne M. Nicholls , Assistant Attorney General, Phoenix, Attorneys for Appellee.

Craig W. Penrod, P.C. By Jeremy L. Phillips , Tempe, Attorneys for Appellant.

OPINION

JOHNSEN, Judge.

¶ 1 An officer saw David Levi Bouck make an improperly wide right turn from a driveway onto a public street early one morning. After the officer stopped him, Bouck was arrested and charged with two counts of aggravated driving while under the influence. He argues the court erred in denying his motion to suppress because the traffic statute under which he was stopped, Arizona Revised Statutes ("A.R.S.") section 28-751(1) (2004...

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