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STATE v. CITY COURT, CITY OF TUCSON

No. 2 CA-CIV 5685.

150 Ariz. 379 (1986)

723 P.2d 728

The STATE of Arizona, Petitioner/Appellant, v. The CITY COURT OF the CITY OF TUCSON, the Honorable Rita Jett, a Magistrate thereof, Respondent, and John Otto MARTIN, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

August 1, 1986.

Attorney(s) appearing for the Case

Frederick S. Dean, City Atty. by R. William Call, Tucson, for petitioner/appellant.

Law Office of William Redondo by Patrick C. Hurd, Tucson, for real party in interest.

BIRDSALL, Judge.

The state appeals from the superior court's denial of its requested special action relief. The real party in interest, John Otto Martin, was charged in Tucson City Court with driving under the influence of intoxicating liquor and driving with a blood alcohol level of over .10%. Because the police officer did not permit Martin to telephone an attorney prior to his decision to take an intoxilyzer test, the city court magistrate made a pretrial ruling...

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