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MONGAN v. PIMA COUNTY SUPERIOR COURT

No. 2 CA-CIV 5192.

148 Ariz. 511 (1985)

715 P.2d 764

Michael MONGAN, Kathryn Getzwiller, Janet Hagen, Pearl Dale Back, Carlos D. Matrecito, and Michael A. Carson, Petitioners/Appellants, v. PIMA COUNTY SUPERIOR COURT of the State of Arizona, and the Honorable Jack T. Arnold, Respondents/Appellees.

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

June 10, 1985.

Attorney(s) appearing for the Case

Stephen Paul Barnard, Tucson, for petitioners/appellants.

Frederick S. Dean, City Atty. by Frank W. Kern III, Tucson, for respondents/appellees.

OPINION

ON RECONSIDERATION

BIRDSALL, Presiding Judge.

Our original opinion in this appeal was filed April 17, 1985. On motion for reconsideration, we find that we were wrong. We vacate and withdraw the opinion and decide the appeal by this opinion.

These six appellants were all arrested for violation of A.R.S. § 28-692, driving under the influence (DUI), and all submitted to intoxilyzer tests pursuant to Arizona's implied consent statute...

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