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LIND v. SUPERIOR COURT

No. 1 CA-SA 97-0318.

954 P.2d 1058 (1998)

191 Ariz. 233

Brett William LIND, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Norman D. Hall, Jr., and City of Tempe Municipal Court, the Honorable Michelle O'Hair-Schattenberg, judges thereof, Respondent Judges, STATE of Arizona, Real Party in Interest.

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

Review Denied April 21, 1998.

Attorney(s) appearing for the Case

Richard R. Brennan, Scottsdale, for Petitioner.

Andrew M. Davidson, Assistant City Prosecutor, Tempe, for Real Party in Interest.

GRANT, Judge.

¶ 1 Brett William Lind ("Defendant") has filed this Petition for Special Action from the denial of his Motion to Suppress the use of a portion of a blood sample taken by a hospital following Defendant's car accident, but prior to Defendant's arrest or the establishment of probable cause. This special action challenges the constitutionality of Arizona Revised Statutes Annotated ("A.R.S.") section 28-692(J) (Supp.1996). For reasons that follow, we...

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