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STATE EX REL. O'NEILL v. BROWN

Nos. CV-94-0235-PR, CV-94-0149-PR.

182 Ariz. 525 (1995)

898 P.2d 474

STATE of Arizona, ex rel. Dennis M. O'NEILL, Chandler City Attorney, Petitioner, v. Honorable I. Sylvan BROWN, Judge, Maricopa County Superior Court, State of Arizona, Respondent Judge, Pascual Francisco JUAN-PASCUAL, Real Party in Interest. STATE of Arizona, ex rel. Dennis M. O'NEILL, Chandler City Attorney, Petitioner, v. Honorable William J. PEARLMAN, Judge, Chandler City Court, Maricopa County, State of Arizona, Respondent Judge, Pascual Francisco JUAN-PASCUAL, Real Party in Interest.

Supreme Court of Arizona, En Banc.

June 27, 1995.

Attorney(s) appearing for the Case

Dennis M. O'Neill, Chandler City Atty. by Catherine K. Weidman, Asst. City Atty., Chandler, for City of Chandler.

Hirsch & Saltsman by Steve B. Koestner, Apache Junction, for Juan-Pascual.

OPINION

MARTONE, Justice.

The question presented in this case is whether a charge of driving under the influence or with an alcohol concentration of.10 or more in violation of A.R.S. § 28-692(A) may be proven by circumstantial evidence.

I. INTRODUCTION

On September 13, 1992, two Chandler police officers traveling in separate vehicles noticed a cloud of dust coming from a field near Alma School Road. They stopped to investigate and found...

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