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Ruling on Ross’ breath tests

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Associated Press

The results of breath tests taken from pop singer Diana Ross can be used as evidence in her case, an Arizona judge has ruled.

Ross, 59, faces three drunken driving-related charges in Tucson City Court after being stopped by police on Dec. 30. She has pleaded innocent.

The trial is scheduled to begin Sept. 9.

Her lawyer, Stephen Paul Barnard, said he’ll appeal the decision.

In June, Barnard sought to have the breath test results tossed out. He contended that police didn’t have a search warrant and intimidated Ross.

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Police said Ross had a blood alcohol concentration of 0.20 percent. The legal limit in Arizona is 0.08 percent.

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