State ex rel. O'Neill v. Superior Court

OPINION

This court has considered this appeal, SUSAN A EHRLICH, P.J., and WILLIAM F. GARBARINO and CECIL B. PATTERSON, Jr., JJ., participating.

The petitioner challenges the ruling of the municipal court and its affirmance by the superior court suppressing breath test results because the test was administered more than two hours after the respondent’s operation of a motor vehicle. For the following reasons, we accept jurisdiction and grant relief.

I. FACTS AND PROCEDURAL HISTORY

The following facts are undisputed. On August 25, 1994, David A Kankelfritz (“respondent”) was involved in a two-car…