(DOWNLOAD) "State V. Kemp" by Arizona Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: State V. Kemp
- Author : Arizona Supreme Court
- Release Date : January 11, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The State of Arizona (State) petitioned for review of the court of appeals' decision reversing Bret John Kemp's (Kemp) conviction for manslaughter and driving while under the influence (DWI) charges. We granted review to determine whether law enforcement officers, when obtaining a blood sample pursuant to A.R.S. § 28-692(M),*fn1 must advise the suspect of his right to obtain a portion of the same sample. We ordered supplemental briefing on whether a legitimate distinction may be drawn between blood testing and breath testing so that the due process standards established by this court in Baca v. Smith, 124 Ariz. 353, 604 P.2d 617 (1979), and its progeny need not be applied in blood testing cases. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), and A.R.S. § 12-120.24.