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STATE EX REL. HAMILTON v. CITY COURT OF CITY OF MESA

No. CV-90-0003-PR.

165 Ariz. 514 (1990)

799 P.2d 855

STATE of Arizona, ex rel. Lowell D. HAMILTON, Mesa City Prosecutor, Plaintiff/Appellee, v. The CITY COURT of the CITY OF MESA, and the Honorable Walter Switzer, III, City Magistrate and Leonard Joseph Lopresti, Defendant and Real Party in Interest, Defendant/Appellant.

Supreme Court of Arizona, En Banc.

October 11, 1990.

Attorney(s) appearing for the Case

Lowell D. Hamilton, Mesa City Prosecutor, Kevin R. Hays, Chief Asst. City Prosecutor, Mesa, for plaintiff/appellee.

Ronald I. Karp, Mesa, for defendant/appellant LoPresti.

Kerry G. Wangberg, Phoenix City Prosecutor, L. Michael Hamblin, Asst. City Prosecutor, Phoenix, for amicus curiae City of Phoenix.

OPINION

GORDON, Chief Justice.

Leonard Joseph LoPresti (defendant) petitioned for review of a court of appeals' opinion affirming the superior court's grant of special action relief to the State. The superior court's ruling permits the State to introduce horizontal gaze nystagmus (HGN) test results, in the absence of a chemical analysis of defendant's blood alcohol content (BAC), as proof defendant violated A.R.S. § 28-692(A), which provides:

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