results of a breath test (Arizona) · Go Syfert
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results of a breath test in Arizona

7 Arizona opinions name it 1 courts 1986–2016 0 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
State v. Bennettgreen
arizctapp · 2015 · cited in 2 Arizona opinions naming this issue, 2016–2016
2 sentences

2016See State v. Bennett, 237 Ariz. 356, 358, ¶ 8 (App. 2015); Brown, 233 Ariz. at 156, ¶ 4 . ¶9 Under A.R.S. § 28-1323(A)(4), the results of a breath test are admissible (without expert witness testimony) if the operator who conducted the test followed an administratively approved operational checklist.

2016See State v. Bennett, 237 Ariz. 356, 358, ¶ 8 (App. 2015); Brown, 233 Ariz. at 156, ¶ 4 . ¶9 Under A.R.S. § 28-1323(A)(4), the results of a breath test are admissible (without expert witness testimony) if the operator who conducted the test followed an administratively approved operational checklist.

22
State of Arizona v. Heulon Colston Browngreen
arizctapp · 2013 · cited in 2 Arizona opinions naming this issue, 2016–2016
2 sentences

2016See State v. Bennett, 237 Ariz. 356, 358, ¶ 8 (App. 2015); Brown, 233 Ariz. at 156, ¶ 4 . ¶9 Under A.R.S. § 28-1323(A)(4), the results of a breath test are admissible (without expert witness testimony) if the operator who conducted the test followed an administratively approved operational checklist.

2016See State v. Bennett, 237 Ariz. 356, 358, ¶ 8 (App. 2015); Brown, 233 Ariz. at 156, ¶ 4 . ¶9 Under A.R.S. § 28-1323(A)(4), the results of a breath test are admissible (without expert witness testimony) if the operator who conducted the test followed an administratively approved operational checklist.

22
State v. Fellgreen
arizctapp · 2002 · cited in 2 Arizona opinions naming this issue, 2005–2005
2 sentences

2005We first examine the plain language of the statute and, if it is unclear, then consider other factors such as the statute’s context, history, subject matter, effects and consequences, spirit, and purpose.” State v. Fell, 203 Ariz. 186, ¶ 6 , 52 P.3d 218, 220 (App.2002) (citation omitted). ¶ 6 The provision at issue, former § 28-695(A)(4), requires the state to show the following before the results of a breath test may be admitted into evidence: “The operator who conducted the test followed an operational checklist approved by the department of health services for the operation of the device us

2005We first examine the plain language of the statute and, if it is unclear, then consider other factors such as the statute’s context, history, subject matter, effects and consequences, spirit, and purpose.” State v. Fell, 203 Ariz. 186, ¶ 6 , 52 P.3d 218, 220 (App.2002) (citation omitted). ¶ 6 The provision at issue, former § 28-695(A)(4), requires the state to show the following before the results of a breath test may be admitted into evidence: “The operator who conducted the test followed an operational checklist approved by the department of health services for the operation of the device us

22
Fuenning v. SUPER. CT. IN AND FOR CTY. OF MARICOPAgreen
ariz · 1983 · cited in 2 Arizona opinions naming this issue, 1986–1994
2 sentences

1994Id.; Fuenning v. Superior Court, 139 Ariz. 590, 604 , 680 P.2d 121, 135 (1983).

1994Id.; Fuenning v. Superior Court, 139 Ariz. 590, 604 , 680 P.2d 121, 135 (1983).

12
State v. Whitegreen
arizctapp · 1987 · cited in 1 Arizona opinions naming this issue, 1995–1995
2 sentences

1995See State v. White, 155 Ariz. 452, 457-58 , 747 P.2d 613, 618-19 (App.1987). *205 [The] 1984 amendment ... reduced the foundational requirements necessary to admit the results of a breath test.

1995See State v. White, 155 Ariz. 452, 457-58 , 747 P.2d 613, 618-19 (App.1987). *205 [The] 1984 amendment ... reduced the foundational requirements necessary to admit the results of a breath test.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 28-695 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 40 (1989–2015) TX 23 (1972–2018) GA 18 (1980–2016) OR 15 (1973–2026) NE 9 (1980–2020) AZ 7 (1986–2016) IL 7 (2007–2021) MO 7 (1988–2015) CA 5 (1984–2022) VA 5 (1990–2023) IN 5 (1996–2018) ID 5 (1991–2022) NY 4 (1988–2009) KS 4 (1989–2022) FL 3 (2008–2011) MD 3 (2014–2022) AK 3 (1983–1989) IA 3 (1974–1975) MT 2 (1984–2001) MS 2 (2009–2013) WA 2 (1994–2016) ME 2 (2012–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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