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STATE v. MAHONEY

No. 2 CA-CIV 2004.

25 Ariz. App. 217 (1975)

542 P.2d 410

STATE of Arizona, Petitioner, v. Honorable T.J. MAHONEY, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent; and James DeROON, Real Party in Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 23, 1975.

Review Denied January 20, 1976.

Attorney(s) appearing for the Case

James D. Webb, City Atty. by John M. Sando, Asst. City Atty., Tucson, for petitioner.

Robertson, Molloy, Fickett & Jones, P.C. by Michael J. Meehan, Tucson, for real party in interest.

OPINION

HATHAWAY Judge.

An order of the respondent court dismissing a complaint for driving while under the influence of alcohol is the subject of this special action. Although, as we shall subsequently discuss, relief should be denied, we believe the question presented by petitioner is of such public importance as to require appellate resolution.

The essential facts are as follows. On December 1, 1974, at 12:15 a.m., Mr. DeRoon was arrested and charged...

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