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STATE v. SUPERIOR COURT, ETC.

No. 2 CA-SA 0254.

149 Ariz. 287 (1985)

718 P.2d 189

The STATE of Arizona, Petitioner, v. The SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF COCHISE, and the Hon. James L. Riley, Division III, Respondent, and Fredrick Andrew BLAKE, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

July 25, 1985.

Attorney(s) appearing for the Case

Allan K. Polley, Cochise Co. Atty. by Dennis L. Lusk, Phoenix, for petitioner.

Robert Arentz, Cochise Co. Public Defender, Bisbee, for real party in interest.

Frederick S. Dean, Tucson City Atty. by R. William Call, Stephen D. Neely, Pima Co. Atty. by John R. Gustafson and Sandra M. Hansen, Tucson, Robert K. Corbin, Atty. Gen. by Samuel R. Ruiz, Thomas E. Collins, Maricopa Co. Atty. by Patrick R. Sullivan, Phoenix, for amici curiae.

HOWARD, Judge.

This special action concerns the use by law enforcement personnel of a field sobriety test called horizontal gaze nystagmus (HGN). Since considerable public funds are about to be spent by the Governor's Office of Highway Safety, Arizona Department of Transportation, for the training of law enforcement officers throughout the state in the use of the HGN test, special action is appropriate. We hold that the trial court erred in deciding that the HGN test...

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