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STATE EX REL. HAMILTON v. LOPRESTI

No. 1 CA-CV 88-372.

163 Ariz. 303 (1989)

787 P.2d 1099

STATE of Arizona, ex rel. Lowell D. HAMILTON, Mesa City Prosecutor, Plaintiff-Appellee, v. Leonard Josef LOPRESTI, Defendant-Appellant.

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

Review Granted March 20, 1990.

Attorney(s) appearing for the Case

Lowell D. Hamilton, City Prosecutor by Kevin Hays, Asst. City Prosecutor, Mesa, for plaintiff-appellee.

Ronald I. Karp, Mesa, for defendant-appellant.

OPINION

BROOKS, Judge.

This is an appeal from the superior court's ruling permitting the state to introduce horizontal gaze nystagmus (HGN) test results in the absence of a chemical analysis of the defendant's blood alcohol content to prove that the defendant violated A.R.S. section 28-692(A) by driving while under the influence of alcohol.1 Defendant argues on appeal that HGN test results may not be admitted in the absence of...

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