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STATE EX REL. McDOUGALL v. ALBRECHT

No. 1 CA-SA 91-038.

168 Ariz. 128 (1991)

811 P.2d 791

The STATE of Arizona, ex rel., Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner, v. The Honorable Rebecca A. ALBRECHT, Judge, the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge. Daniel F. WILLIAMS, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department B.

May 16, 1991.

Attorney(s) appearing for the Case

Roderick G. McDougall, City Atty., Laurel M. Canham, Asst. City Atty., Phoenix, for petitioner.

Richard L. Juarez, Phoenix, for real party in interest.

OPINION

GERBER, Presiding Judge.

The state filed this special action challenging the superior court's ruling which vacated the driving under the influence convictions of Daniel F. Williams (defendant). Williams was found guilty after a jury trial in the City of Phoenix Municipal Court for violating A.R.S. § 28-692(A) and (B).

Facts and Procedural History

Williams was stopped at 1:15 a.m. on October 5, 1989 for speeding and failure to stop...

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