Legal Opinion
Wieseler v. Prins
Court of Appeals of Arizona
Decided August 21, 1990No. 1 CA-CV 88-600PublishedCited by 11 opinions
1Opinion of the Court
OPINION
KLEINSCHMIDT, Judge.
Randall Wieseler’s driver’s license was suspended for driving when a breath test indicated that his blood alcohol concentration exceeded .10 percent, a violation of A.R.S. section 28-692. The test has a margin of error of plus or minus 10 percent. Wieseler contends that he cannot be in violation of the statute unless the breath test reads at least .110 percent to account for this margin of error. We disagree.
The case, which presents other issues, arose as follows. In March of 1988, Glendale Police Officer James Reynolds responded to a two-car accident. When he…
2Cases cited12 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Baxter v. PalmigianoSupreme Court of the United States · 1976
- Barcott v. State, Department of Public SafetyAlaska Supreme Court · 1987
- Champion v. Department of Public SafetyAlaska Supreme Court · 1986
- Phelps v. INDUSTRIAL COM'N OF ARIZONAArizona Supreme Court · 1987
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brown v. Arizona Department of Real EstateCourt of Appeals of Arizona · 1995
- State v. KuhlNebraska Supreme Court · 2008
- State v. FinchSupreme Court of Kansas · 2011
- Lara v. TanakaHawaii Supreme Court · 1996
- State v. SniderCourt of Appeals of Arizona · 1992
6 more not listed; retrieve them via the Exa API.