No. 1 CA-SA 95-0245.

185 Ariz. 144 (1995)

912 P.2d 1373

Michael Joseph MARZOLF, Petitioner, v. SUPERIOR COURT OF the State of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Bernard J. Dougherty, a judge thereof, Respondent Judge, Kerry G. WANGBERG, Phoenix City Prosecutor, Real Party in Interest.

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

Reconsideration Denied December 19, 1995.

Review and Cross-Petition for Review Denied March 19, 1996.

Attorney(s) appearing for the Case

Martin G. McAuliffe, Tempe, for Petitioner.

Roderick G. McDougall, Phoenix City Attorney, by Samuel K. Lesley, Assistant City Prosecutor, Phoenix, for Respondent.



This special action presents the question whether the suspension of a driver's license because a driver fails a breath test precludes, on Double Jeopardy grounds, a later punishment for driving under the influence ("DUI"). We are aware that Division Two of this Court has already addressed this question in State v. Nichols, 169 Ariz. 409, 819 P.2d 995

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