Legal Opinion

State v. Velasco

Arizona Supreme Court

Decided September 19, 1990No. CV-89-0303-SAPublishedCited by 33 opinions

1Opinion of the Court

OPINION

FELDMAN, Vice Chief Justice.

We accepted jurisdiction of this special action1 to examine the requirements of due process in connection with scientific testing of breath to determine blood alcohol concentration (BAC) of those arrested for driving under the influence (DUI). The specific crime we consider is a violation of A.R.S. § 28-692(B), which forbids driving with a BAC of .10 percent or higher. The state asks us to reexamine and abolish or modify the rule requiring that a DUI defendant be given a sample of his breath for independent testing, the results of which may provide defendant…

2Cases cited13 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. California v. TrombettaSupreme Court of the United States · 1984
  3. Arizona v. YoungbloodSupreme Court of the United States · 1989
  4. State v. Superior CourtArizona Supreme Court · 1986
  5. State v. RoscoeArizona Supreme Court · 1984

8 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. State v. BibleArizona Supreme Court · 1993
  2. Logerquist v. McVeyArizona Supreme Court · 2000
  3. State Ex Rel. Hamilton v. City Court of City of MesaArizona Supreme Court · 1990
  4. State Ex Rel. Romley v. FieldsCourt of Appeals of Arizona · 2001
  5. State v. TankersleyArizona Supreme Court · 1998

28 more not listed; retrieve them via the Exa API.

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