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STATE v. BERNSTEIN

No. 1 CA-SA 13-0285.

317 P.3d 630 (2014)

STATE of Arizona, Petitioner, v. The Honorable Jerry BERNSTEIN, Commissioner of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Commissioner, Doreen Lynn Herman; Ramsey Tohannie; Armen Aslayan; Keith Porter; Mara Hall; Shyla Rotmil; Robert R. Farinas; Kymberly Crowley; Jason Quan; Michael Dinola; Kelly Lewis Day, Real Parties in Interest.

Court of Appeals of Arizona, Division 1.

As Amended February 6, 2014.

Attorney(s) appearing for the Case

Maricopa County Attorney's Office By Lisa Marie Martin , Phoenix, for Petitioner.

W. Clifford Girard Jr., Attorney at Law By W. Clifford Girard Jr. , for Real Parties in Interest.

Scottsdale City Prosecutor's Office By Kenneth M. Flint , Scottsdale, for Amicus Curiae City of Scottsdale.

Law Offices of Michael J. Dew By Michael J. Dew , for Amicus Curiae Phoenix Public Defender Office.

Judge SAMUEL A. THUMMA delivered the opinion of the Court, in which Presiding Judge RANDALL M. HOWE and Judge PATRICIA A. OROZCO joined.

OPINION

THUMMA, Judge.

¶ 1 Real parties in interest are defendants facing aggravated driving under the influence (DUI) charges for violating Arizona Revised Statutes (A.R.S.) section 28-1383 (2014)1 in Maricopa County Superior Court. On the dates of the alleged offenses, law enforcement officers drew two vials of blood from each Defendant. The Scottsdale Crime Laboratory (SCL) then...

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