SMITH v. CADA

No. 1 CA-CIV 3403.

114 Ariz. 510 (1977)

562 P.2d 390

The Honorable James M. SMITH, Magistrate of the City Court, the Honorable Rodger A. Golston, Chief Magistrate of City Court, the City Court of Phoenix and the STATE of Arizona, Real Party in Interest, Appellants, v. Charles J. CADA, Appellee.

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

Rehearing Denied March 22, 1977.

Review Denied April 5, 1977.


Attorney(s) appearing for the Case

Andy Baumert, City Atty. by Geoffrey T. Jones, Asst. City Atty., Phoenix, for appellants.

Minne & Sorenson by Roger J. Blake, John W. Rood, Phoenix, for appellee.


OPINION

JACOBSON, Presiding Judge.

The fundamental issue on appeal is whether the deprivation of an opportunity for a DWI defendant to contact his attorney and to effectuate bail when he possessed upon his person a cash amount exceeding the established master bail schedule for the offense charged prevented the obtaining of independent evidence of sobriety, thus depriving him of a fair trial.

These legal issues arise under the following pertinent factual...

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