State v. Duber

The state seeks special action relief from the respondent judge’s ruling that breath test results are inadmissible in the underlying justice court DUI trial against the real party in interest. We disagree with both the respondent judge’s reading of our decisions in Ciulla v. Miller ex rel. Ariz. Highway Department, 169 Ariz. 540, 821 P.2d 201 (App.1991), and State v. Harrison, 157 Ariz. 184, 755 P.2d 1172 (App.1988), and with Division One’s interpretation of those cases in State ex rel. McDougall v. Superior Court (Stock), 181 Ariz. 202, 888 P.2d 1389 (App.1995). We conclude that the breath…