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STATE v. SUPERIOR COURT

No. 1 CA-SA 96-0187.

187 Ariz. 440 (1996)

930 P.2d 517

STATE of Arizona, ex rel Dennis M. O'NEILL, Chandler City Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, in and for the COUNTY OF MARICOPA, Honorable Thomas Dunevant, III, a judge thereof, David A. KANKELFRITZ, Real Party in Interest.

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

Redesignated as Opinion and Publication Ordered November 26, 1996.

Attorney(s) appearing for the Case

Thomas A. Zaworski, Assistant City Prosecutor, Chandler, for Petitioner.

Law Offices of Weingart and Penrod by Martin McAuliffe, Tempe, for Real Party in Interest.

OPINION

This court has considered this appeal, SUSAN A. EHRLICH, P.J., and WILLIAM F. GARBARINO and CECIL B. PATTERSON, Jr., JJ., participating.

The petitioner challenges the ruling of the municipal court and its affirmance by the superior court suppressing breath test results because the test was administered more than two hours after the respondent's operation of a motor vehicle. For the following reasons, we accept jurisdiction and grant relief...

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