Legal Opinion

State v. Olcan

Court of Appeals of Arizona

Decided January 28, 2003No. 1 CA-CR 01-1069PublishedCited by 3 opinions

1Opinion of the Court

OPINION

WEISBERG, Judge.

¶ 1 The State appeals from the trial court’s dismissal of two counts of aggravated driving under the influence, class four felonies. See Ariz.Rev.Stat. (“A.R.S.”) § 28-1383(A)(l) (Supp.2000). For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2 Peter Olean (“Olean”) was arrested for driving under the influence. Olean spoke privately with his lawyer and then consented to a blood test. When Olean asked for the opportunity to have an independent blood sample drawn, a police officer told him that one could be arranged from jail.

¶ 3 Shortly after being…

2Cases cited9 opinions

  1. State Ex Rel. Pennartz v. OlcavageCourt of Appeals of Arizona · 2001
  2. MacK v. CruikshankCourt of Appeals of Arizona · 1999
  3. State v. MahlerArizona Supreme Court · 1981
  4. Amos v. BowenCourt of Appeals of Arizona · 1984
  5. Ashton-Blair v. MerrillCourt of Appeals of Arizona · 1996

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

3Cited by3 opinions

  1. Taylor v. CruikshankCourt of Appeals of Arizona · 2006
  2. Ricky D. Johnson v. State of Wyoming ex rel., Wyoming Department of TransportationWyoming Supreme Court · 2021
  3. Olin Gene Taylor, John Adrian Johnson v. State of ArizonaCourt of Appeals of Arizona · 2006

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