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DIAZ v. VAN WIE

No. 1 CA-SA 17-0181.

426 P.3d 1214 (2018)

Oswaldo DIAZ, Jr., Petitioner, v. The Honorable Annielaurie VAN WIE, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Commissioner, State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

FILED July 31, 2018.

Attorney(s) appearing for the Case

ASU Alumni Law Group, Phoenix, By Kelly J. Flood , Lawrence S. Koplow , Counsel for Petitioner.

Maricopa County Attorney's Office, Phoenix, By Amanda M. Parker , Andrea L. Kever , Counsel for Real Party in Interest.

Judge Peter B. Swann delivered the opinion of the court, in which Presiding Judge Diane M. Johnsen and Judge Kent E. Cattani joined.

OPINION

¶ 1 Oswaldo Diaz, Jr., who faces prosecution for aggravated driving under the influence ("DUI"), seeks special-action relief from the superior court's refusal to suppress blood evidence obtained under A.R.S. § 28-1388(E)'s "medical-draw exception" to the Fourth Amendment's warrant requirement.

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