Oshrin v. Coulter

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Arizona Supreme Court will reverse a conviction if bad faith or prejudice can be shown
• suppression of test results and dismissal of (A)(2) charge constituted proper sanctions for due process violation in telling defendant charges had been dropped, so he did not have sample tested, and then refiling charges months later
• fundamental fairness violated where individual did not attempt to obtain breath sample for analysis or to have other tests taken after being told by police that driving under the influence charges were dropped, but not told that charges could and likely would be reinstated later
• fundamental fairness violated where individual did not attempt to obtain breath sample for analysis or to have other tests taken after being told by police that driving under the influence charges were dropped, but not told that charges could and likely would be reinstated later
• due process requires preservation of breath sample

Source: CourtListener parenthetical corpus (CC0).