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STATE v. SUPERIOR COURT

No. 1 CA-SA 97-0040.

953 P.2d 926 (1997)

191 Ariz. 182

STATE of Arizona, ex rel., Roderick G. McDOUGALL, Phoenix City Attorney, Petitioners, v. SUPERIOR COURT OF the State of Arizona, In and For the COUNTY OF MARICOPA, and the Phoenix Municipal Court, the Honorable Susan R. Bolton, and Oscar Sutton, judges thereof, Respondent Judges, Michael Daniel SEIDEL, Real Party in Interest.

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

As Amended December 9, 1997.

Review Denied April 21, 1998.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Attorney by Michael E. Ziton, Assistant City Prosecutor, Phoenix, for Petitioner.

H.L. Dobbs, Phoenix, for Real Party in Interest.

OPINION

GRANT, Presiding Judge.

This is a special action filed by the State from decisions by the city court ("trial court") and the superior court finding no probable cause to arrest Respondent/Real Party in Interest, Michael Daniel Seidel for DUI. This court accepted jurisdiction of the special action with an opinion to follow. This is that opinion.

FACTS AND PROCEDURAL HISTORY

On September 30, 1995, at approximately 3:10 a.m., Phoenix...

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