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STATE EX REL. PENNARTZ v. OLCAVAGE

No. 1 CA-SA 01-0130.

30 P.3d 649 (2001)

200 Ariz. 582

STATE of Arizona ex rel. David A.PENNARTZ, Scottsdale City Attorney, Petitioner, v. The Honorable Joseph OLCAVAGE, Judge of the Scottsdale City Court, Respondent Judge, Gerald J. Adair, Stacy M. Aeed, Ryan Bettes, Scott T. Castle, India E. Franks, Danielle Larkin, Carolyn S. Porter, Randall C. Urbom, Real Party in Interest.

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

August 30, 2001.

Attorney(s) appearing for the Case

David A. Pennartz, Scottsdale City Attorney, By Carrie Cole and Roric Massey, Assistant City Prosecutors, Attorneys for Petitioner.

Law Office of David M. Cantor, By Michael A. Burkhart, Tempe, Attorneys for Real Parties in Interest Adair and Bettes.

Law Office of Greg Clark, By Greg Clark, Phoenix, Attorneys for Real Parties in Interest Castle, Franks, and Urbom.

OPINION

RYAN, Judge.

¶ 1 In this special action, we are asked to decide whether persons who have received specific training in phlebotomy,1 who are certified in phlebotomy by two national certification agencies, and who have performed numerous blood draws are legally "qualified" to perform blood draws for purposes of determining the alcohol concentration or drug content in a suspect's blood under Arizona Revised Statutes...

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