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STATE v. SUPERIOR COURT OF PIMA COUNTY

No. 2 CA-CIV 5598.

155 Ariz. 403 (1986)

747 P.2d 564

The STATE of Arizona, Petitioner/Appellant, v. The SUPERIOR COURT OF PIMA COUNTY, the Honorable Jack T. Arnold, a judge thereof, Respondent/Appellee, and Zettie Jane HAYS, Real Party in Interest.

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

June 2, 1986.

Attorney(s) appearing for the Case

Frederick S. Dean, City Atty. by George W. Bromley and Mary S. Finnerty, Tucson, for petitioner/appellant.

Waterfall, Economidis, Hanshaw & Villamana, P.C. by James W. Stuehringer and Bruce L. Skolnik, Tucson, for real party in interest.

OPINION

HATHAWAY, Chief Judge.

Real party in interest, Zettie Jane Hays (Hays), was indicted for driving while intoxicated pursuant to A.R.S. § 28-692(A). She seeks to have evidence of her refusal to take the intoxilyzer test suppressed pursuant to a ruling by the Arizona Motor Vehicle Division (MVD) that she had not voluntarily declined to take the test.

Following Hays' arrest on April 4, 1984, the Tucson Police Department arresting officers...

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