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WOOD v. GOODFARB

No. CV-87-0301-T/SA.

155 Ariz. 32 (1987)

745 P.2d 90

Paul WOOD, James Santarelli, Carlos Montano, and John J. Brown, Petitioners, v. The Hon. Stanley GOODFARB, Judge of the Superior Court, in and for the County of Maricopa, Respondent, and The STATE of Arizona, through the MARICOPA COUNTY ATTORNEY'S OFFICE, Real Party in Interest.

Supreme Court of Arizona, En Banc.

October 21, 1987.

Attorney(s) appearing for the Case

Dean W. Trebesch, Maricopa County Public Defender by David Katz, Deputy County Public Defender, Phoenix, for petitioners.

Thomas E. Collins, Maricopa Co. Atty. by H. Allen Gerhardt, Deputy Co. Atty., Phoenix, for respondent.

Roderick G. McDougall, Phoenix City Atty. by Mary G. Isban, Michael P. Scott, Shirley A. Dunnells, Michael L. Scanlan, Phoenix, for amicus curiae Phoenix City Prosecutor.

MOELLER, Justice.

FACTS AND JURISDICTION

Each of the four petitioners was charged in superior court with felony offenses of driving while under the influence of alcohol (hereafter "DUI"). Each filed a motion to dismiss the charges contending that his case was governed by the rule announced in Hinson v. Coulter, 150 Ariz. 306, 723 P.2d 655 (1986). The trial judge denied the motions...

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