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AAKHUS v. HAMMOCK

No. 1 CA-CV 92-0357.

176 Ariz. 141 (1993)

859 P.2d 764

Todd D. AAKHUS, Petitioner-Appellee, v. Paul Rex HAMMOCK, Director of the Motor Vehicle Division of Arizona Department of Transportation, Respondent-Appellant.

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

Redesignated as Opinion and Publication Ordered September 16, 1993.

Attorney(s) appearing for the Case

Frederick M. Aeed, Phoenix, for petitioner-appellee.

Grant Woods, Atty. Gen. by Richard Kamps, Asst. Atty. Gen., Phoenix, for respondent-appellant.

OPINION

CLABORNE, Judge.

This case deals with the construction of Ariz. Rev. Stat. Ann. ("A.R.S.") section 28-691 (1992) and the meaning of "successful completion." A deficient breath sample which showed a blood alcohol content above 0.10% was taken. There was evidence that the deficiency of the sample resulted from willful noncooperation. The State used the deficient sample to cite Appellee for the criminal charge under A.R.S. section 28-692(A)(2) (Supp....

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