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STATE EX REL., McDOUGALL v. JOHNSON

No. 1 CA-CV 92-0230.

181 Ariz. 404 (1994)

891 P.2d 871

STATE of Arizona, ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner-Appellee, v. The Honorable N. Pike JOHNSON, Magistrate of the City Court of Phoenix, Arizona, Respondent-Appellant, Lilli I. FOSTER, Respondent and Real Party in Interest-Appellant.

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

Review Denied March 21, 1995.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Gregory L. Hanchett, Asst. City Prosecutor, Phoenix, for petitioner-appellee.

Richard D. Coffinger, Glendale, for respondent and real party in interest-appellant.

OPINION

McGREGOR, Judge.

The issues raised in this appeal are (1) whether a defendant can utilize Arizona Revised Statutes Annotated ("A.R.S.") section 28-695.A (Supp. 1993) to offer into evidence the results of a test on a retained breath sample and (2) whether a defendant can satisfy the foundational requirements of section 28-695.A without providing the testimony of the person who tested the retained breath...

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