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Moss V. Superior Court

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Defendants below, Louis B. Moss and Kenneth McElwain, petition for special action relief, asserting that the trial court's denials of their motions to suppress Intoxilyzer test results taken after their arrests for aggravated driving while under the influence of intoxicating liquor ("DUI") constituted denial of due process of law. This special action challenges the constitutionality of Ariz.Rev.Stat.Ann. ("A.R.S.") section 28-692(G) and (H). We uphold the constitutionality  of the statute which states that a defendant need not be given a preserved breath sample following replicate breath testing for DUI.

Moss V. Superior Court
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  • $0.99
  • Available on iPhone, iPad, iPod touch, and Mac.
  • Category: Law
  • Published: Jul 29, 1993
  • Publisher: LawApp Publishers
  • Seller: Innodata Book Distribution Services Inc
  • Print Length: 15 Pages
  • Language: English
  • Requirements: To view this book, you must have an iOS device with iBooks 1.3.1 or later and iOS 4.3.3 or later, or a Mac with iBooks 1.0 or later and OS X 10.9 or later.

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