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STATE EX REL. McDOUGALL v. SUPERIOR COURT

No. 1 CA-SA 91-328.

173 Ariz. 582 (1992)

845 P.2d 508

STATE of Arizona ex rel. Roderick G. McDOUGALL, Phoenix City Attorney, Petitioner, v. SUPERIOR COURT OF the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Frederick J. Martone, a judge thereof, Respondent Judge, Dean Dwight SCHRADER, Real Party in Interest.

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

Reconsideration Denied October 21, 1992.

Petition for Review Granted February 17, 1993.

Review Dismissed April 27, 1993.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Gregory S. Williams, Asst. City Prosecutor, Phoenix, for petitioner.

Basil G. Diamos, Phoenix, for real party in interest.

OPINION

GARBARINO, Judge.

Appellant Dean Dwight Schrader (the defendant) was arrested and charged with violating Ariz. Rev. Stat. Ann. (A.R.S.) section 28-692(A)(1) and (A)(2) which makes it unlawful for any person to drive or be in actual physical control of any vehicle within the state while under the influence of intoxicating liquor if the person is impaired to the slightest degree or with a blood alcohol content...

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