Legal Opinion
State Ex Rel. McDougall v. Johnson
Court of Appeals of Arizona
Decided July 14, 1994No. 1 CA-CV 92-0230PublishedCited by 9 opinions
1Opinion of the Court
OPINION
McGREGOR, Judge.
The issues raised in this appeal are (1) whether a defendant can utilize Arizona Revised Statutes Annotated (“A.R.S.”) section 28-695.A (Supp.1993) to offer into evidence the results of a test on a retained breath sample and (2) whether a defendant can satisfy the foundational requirements of section 28-695.A without providing the testimony of the person who tested the retained breath sample.
I
On October 4, 1991, Phoenix police officer K. Krogh arrested Foster and charged her with driving “under the influence of intoxicad ing liquor” and having “an alcohol concentration…
2Cases cited8 opinions
- Fuenning v. SUPER. CT. IN AND FOR CTY. OF MARICOPAArizona Supreme Court · 1983
- Fuenning v. Superior CourtArizona Supreme Court · 1983
- Baca v. SmithArizona Supreme Court · 1979
- State Ex Rel. Collins v. SeidelArizona Supreme Court · 1984
- Gary Outdoor Advertising Co. v. Sun Lodge, Inc.Arizona Supreme Court · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bohsancurt v. EisenbergCourt of Appeals of Arizona · 2006
- State v. OssanaCourt of Appeals of Arizona · 2001
- In re Approximately $50,000.00 in United States CurrencyCourt of Appeals of Arizona · 2000
- State v. MossCourt of Appeals of Arizona · 2007
- Bohsancurt v. Tucson City Prosecutor's OfficeCourt of Appeals of Arizona · 2006
4 more not listed; retrieve them via the Exa API.