(Download) "State v. Lopez" by Arizona Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: State v. Lopez
- Author : Arizona Supreme Court
- Release Date : January 17, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
On July 23, 1970, respondent, Wayne William Hoffman (hereinafter referred to as respondent), was arrested in Phoenix, Arizona for driving while under the influence of intoxicating liquor and requested to submit to, and did in fact submit to, a chemical test of the breath as prescribed by A.R.S. § 28-691, subsec. A. Respondent thereafter was charged by complaint with a violation of A.R.S. § 28-692 in the Magistrates Court of the City of Phoenix, Arizona and a November 16, 1970 date for trial was set. Prior to the trial, respondent moved, pursuant to Rule 195, Rules of Criminal Procedure, 17 A.R.S., A.R.S. § 28-692, subsec. G, and constitutional due process standards, for production and inspection of the breathalyzer machine, the standard ampoule, the test ampoule, and the contents of the test ampoule utilized by the State of Arizona (hereinafter referred to as petitioner) in the administration of the breathalyzer test. To this motion petitioner responded that the State was prepared to produce the breathalyzer machine used in the test, a control ampoule of the same batch used on the day and time of the examination, and complete information on examination procedures. The State, however, advised the Court that it would be unable to produce the actual test ampoule since it had been discarded pursuant to standard procedure due to the corrosive and dangerous nature of the test ampoule contents after use.