Legal Opinion

State v. Superior Court

Court of Appeals of Arizona

Decided April 6, 1999No. 1 CA-SA 98-0266PublishedCited by 4 opinions

1Opinion of the Court

OPINION

GARBARINO, Judge.

¶ 1 The State seeks special action relief from the trial court’s ruling suppressing evidence of breath tests from an Intoxilyzer 5000 that had ■ been supplemented with a keyboard and vapor recirculation attachment. The defendants argue that the tests are inadmissible on any basis because the officer conducting the tests was not fully trained on an Intoxilyzer supplemented with the additional equipment. We accepted jurisdiction and granted the State relief, with this opinion to follow.

FACTUAL AND PROCEDURAL HISTORY

¶2 Five defendants were charged with DUI. We will refer…

2Cases cited6 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. State Ex Rel. Collins v. SeidelArizona Supreme Court · 1984
  3. State v. VelascoArizona Supreme Court · 1990
  4. Romo v. KirschnerCourt of Appeals of Arizona · 1995
  5. Samaritan Health Services v. Arizona Health Care Cost Containment System AdministrationCourt of Appeals of Arizona · 1994

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

3Cited by4 opinions

  1. State v. FellCourt of Appeals of Arizona · 2002
  2. State Ex Rel. Pennartz v. OlcavageCourt of Appeals of Arizona · 2001
  3. State v. Old West Bonding Co.Court of Appeals of Arizona · 2002
  4. Soza v. MarnerCourt of Appeals of Arizona · 2018

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