Werner v. Prins

*272OPINION

McGREGOR, Judge.

The issue in this case is whether the state violated appellee James Werner’s right to due process of the law when it was unable to provide him a reasonably reliable preserved breath sample for use in a civil driver’s license suspension hearing held pursuant to A.R.S. § 28-694.1

I

Early on March 23, 1989, a Phoenix police officer stopped Werner’s car after noticing that the taillights were not illuminated. When Werner stopped, the officer saw that the headlights also were not on. The officer detected an overpowering odor of alcohol and observed that Werner’s eyes were…