State v. Miller

OPINION

The state has appealed from the trial court’s order granting appellee’s motion to dismiss the charges against him. Appellee was indicted on two class 5 felony DUI charges, and the state filed an allegation of a prior DUI conviction. Appellee filed three motions to dismiss, the motion in question contending that dismissal was re1 quired under Montano v. Superior Court, 149 Ariz. 385, 719 P.2d 271 (1986), because appellee was not advised by the arresting officers that he had a right to an independent blood test. The trial court agreed and dismissed the charges. We reverse.

In Montano, the…