Lind v. Superior Court

GRANT, Judge.

¶ 1 Brett William Lind (“Defendant”) has filed this Petition for Special Action from the denial of his Motion to Suppress the use of a portion of a blood sample taken by a hospital following Defendant’s car accident, but prior to Defendant’s arrest or the establishment of probable cause. This special action challenges the constitutionality of Arizona Revised Statutes Annotated (“A.R.S.”) section 28-692(J) (Supp.1996). For reasons that follow, we accept jurisdiction over the special action, uphold the constitutionality of the statute as applied to Defendant, and deny relief.

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