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AMOS v. BOWEN

No. 2 CA-CIV 5052.

143 Ariz. 324 (1984)

693 P.2d 979

Ricky AMOS, Petitioner/Appellee, v. The Honorable Ann BOWEN, Judge of the City Court of the City of Tucson, State of Arizona, Respondent, and STATE of Arizona, ex rel. Frederick S. DEAN, City Attorney for the City of Tucson, Real Party in Interest/Appellant.

Court of Appeals of Arizona, Division 2.

December 19, 1984.

Attorney(s) appearing for the Case

Stephen Paul Barnard, Tucson, for petitioner/appellee.

Frederick S. Dean, City Atty. by Frank W. Kern III, Tucson, for real party in interest/appellant.

OPINION

HATHAWAY, Judge.

Appellee was charged in Tucson City Court with driving while under the influence of intoxicating liquor or drugs (DUI) in violation of A.R.S. § 28-692 on October 29, 1982. A defense motion to dismiss, alleging that the police hampered appellee's right to obtain an independent blood test, was denied. Thereupon a special action was filed in Pima County Superior Court, which ruled that the city court judge had abused her discretion...

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