KUHN v. SMITH

No. 2 CA-CV 87-0024.

154 Ariz. 24 (1987)

739 P.2d 1341

David C. KUHN, Plaintiff/Appellee, v. The Honorable Ralph G. SMITH, Jr., Phoenix Municipal Judge, City Court of Phoenix, City Prosecutor of Phoenix; STATE of Arizona, Real Party in Interest, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department A.

June 16, 1987.


Attorney(s) appearing for the Case

James T. Bialac, Phoenix, for plaintiff/appellee.

Roderick G. McDougall, City Attorney by Sharon K. Haynes, Phoenix, for defendants/appellants.


HATHAWAY, Chief Judge.

On May 9, 1984, appellee was arrested and cited for violations of A.R.S. §§ 28-692(A) (driving under the influence of intoxicating liquor), 28-692(B) (driving with a blood alcohol content of .10% or higher) and Phoenix City Code, § 36-69 (squealing tires). All charges were dismissed without prejudice on April 18, 1985. The City of Phoenix refiled the A.R.S. § 28-692 charges on April 25, 1985, alleging that appellee had previously...

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