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STATE v. CITY COURT OF CITY OF TUCSON

No. 2 CA-CIV 3898.

130 Ariz. 285 (1981)

635 P.2d 878

The STATE of Arizona, Petitioner/Appellant, v. The CITY COURT OF the CITY OF TUCSON and The Honorable Thomas Welch, Chief Magistrate thereof, and William A. Monje, Carl Nink, Barbara Bazurto, Paul Farrar, Marjorie Ketterling, William Brown, Jill Scott, Real Parties in Interest, Respondents/Appellees. The STATE of Arizona, Petitioner/Appellant/Cross Appellee, v. William BROWN, Real Party in Interest, Respondent/Appellee/Cross Appellant.

Court of Appeals of Arizona, Division 2.

October 14, 1981.

Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by John J. Brady, Michael L. Lex and John A. Harper, Tucson, for petitioner/appellant.

Quigley & Quigley, P.C., by James E. Quigley, Tucson, for respondents real parties in interest.

OPINION

HOWARD, Judge.

The main issue in this appeal is whether Baca v. Smith, 124 Ariz. 353, 604 P.2d 617 (1979), applies when the breathalyzer is used to determine blood alcohol percentages. We hold that it does and affirm.

The real parties in interest, charged in the city court of driving while intoxicated, moved to suppress the results of the breathalyzer test and dismiss...

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