Legal Opinion

Diaz v. Bernini

Court of Appeals of Arizona

Decided April 12, 2018No. 2 CA-SA 2017-0081PublishedCited by 4 opinions

1Opinion of the Court

ECKERSTROM, Chief Judge:

¶ 1 In this special action, Alexis Diaz challenges the ruling of the respondent judge reversing the Tucson City Court's order granting her motion to suppress breath evidence obtained after Diaz was arrested for driving under the influence (DUI). Because we conclude the officer complied with the statutory requirements for obtaining a breath test, the respondent judge correctly reversed the city court's ruling, albeit for reasons other than those set forth below. We therefore deny relief.

¶ 2 Diaz was arrested for and subsequently charged with DUI. See A.R.S. § 28-1381.…

2Cases cited12 opinions

  1. Arizona v. GantSupreme Court of the United States · 2009
  2. Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
  3. Campbell v. Superior CourtArizona Supreme Court · 1971
  4. State Ex Rel. Romley v. MartinCourt of Appeals of Arizona · 2002
  5. State of Arizona v. Francisco L Encinas ValenzuelaArizona Supreme Court · 2016

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3Cited by4 opinions

  1. Korb v. N.D. Dep't of TransportationNorth Dakota Supreme Court · 2018
  2. Diaz v. Hon. bernini/state/tucson City ProsecutorArizona Supreme Court · 2019
  3. State v. De AndaCourt of Appeals of Arizona · 2018
  4. Soza v. MarnerCourt of Appeals of Arizona · 2018

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