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STATE EX REL. McDOUGALL v. PHOENIX MUN. CT.

No. 1 CA-CIV 9025.

153 Ariz. 111 (1986)

735 P.2d 141

STATE of Arizona, ex rel., Roderick G. McDOUGALL, Phoenix City Attorney, Plaintiff-Appellant, v. The MUNICIPAL COURT OF the CITY OF PHOENIX, Arizona, and the Honorable N. Pike Johnson, Judge Thereof, Respondent Judge, Robert A. GOSNELL, Real Party in Interest Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Reconsideration Denied And Ordered Published December 5, 1986.

Review Denied April 1, 1987.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Aaron Jaime Carreon-Ainsa, Asst. City Pros., Phoenix, for plaintiff-appellant.

Toles & Associates, P.C. by Jeremy Toles, Phoenix, for defendant-appellee.

KLEINSCHMIDT, Judge.

A Phoenix Police Officer stopped Robert Gosnell for speeding and then arrested him for driving under the influence of alcohol in violation of A.R.S. § 28-692(A) and for driving with a blood alcohol content of .10 percent or above in violation of A.R.S. § 28-692(B).

At the police station, the arresting officer administered a breath test to Gosnell using the GCI Mark IV machine. This machine analyzes the breath blown through it...

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