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STATE, EX REL. BAUMERT v. SUPERIOR COURT

No. 15975-SA.

132 Ariz. 399 (1982)

646 P.2d 284

STATE of Arizona, ex rel. Andy BAUMERT, Phoenix City Attorney, Petitioner, v. The SUPERIOR COURT of the COUNTY OF MARICOPA, and the Honorable James Moeller, Judge thereof; the Municipal Court of the City of Phoenix, Arizona, and The Honorable Patricia A. Whitehead, Judge thereof, and Michael R. Plesher, Defendant and Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

June 1, 1982.

Attorney(s) appearing for the Case

Andrew Baumert, Phoenix City Atty., pro se.

Marvin A. Sondag, Asst. City Prosecutor, Phoenix, for petitioner.

Harold Riddel, Phoenix, for real party in interest.

GORDON, Vice Chief Justice:

Real party in interest Michael R. Plesher was arrested on November 20, 1980. He was charged with driving while intoxicated under A.R.S. § 28-692(A) and with committing various other traffic offenses. After taking a blood alcohol test at the police station and giving his promise to appear in court, Plesher was released by the arresting officer pursuant to A.R.S. § 13-3903.

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