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STATE v. COOPERMAN

No. 2 CA-CV 2011-0197.

282 P.3d 446 (2012)

The STATE of Arizona, Petitioner/Appellant, v. Joseph COOPERMAN, Respondent/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

August 14, 2012.

Attorney(s) appearing for the Case

Michael G. Rankin, Tucson City Attorney By Baird S. Greene and William F. Mills, Tucson, Attorneys for Petitioner/Appellant.

City of Tucson Public Defender By Stefan F. Niemiec, and Law Office of Nesci and St. Louis By James Nesci, Tucson, Attorneys for Respondent/Appellee.

Stephen Paul Barnard, Tucson, Attorney for Amici Curiae Arizona Attorneys for Criminal Justice.

VÁSQUEZ, Presiding Judge.

¶ 1 In Guthrie v. Jones, 202 Ariz. 273, ¶ 2, 43 P.3d 601, 602 (App.2002), this court held that evidence regarding breath-to-blood partition ratios1 is inadmissible in a prosecution for driving or being in actual physical control of a vehicle with an alcohol concentration of.08 or more within two hours of driving, in violation...

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