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MACK v. CRUIKSHANK

Nos. 2 CA-SA 99-0034, 2 CA-SA 99-0040, 2 CA-SA 99-0057.

2 P.3d 100 (1999)

196 Ariz. 541

Nanci MACK, Petitioner, v. Hon. Michael J. CRUIKSHANK, Judge of the Superior Court of State of Arizona, in and for the County of Pima, Respondent, and The State of Arizona, Real Party in Interest. Robert Marmion, Petitioner, v. Hon. Michael J. Cruikshank, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and The State of Arizona, Real Party in Interest. State of Arizona ex rel. Thomas J. Berning, Attorney, for the City of Tucson, Petitioner, v. Hon. Michael Brown, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Glenda Hawkins, Real Party in Interest.

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

Review Denied May 23, 2000.

Attorney(s) appearing for the Case

Law Office of Trezza & McDonald, P.C. By Al McDonald and Stephen M. Trezza, Tuscon, Attorneys for Petitioner Mack.

Charles P. Davies, Tucson Public Defender By Reed Palmer, Tucson, Attorneys for Petitioner Marmion.

Thomas J. Berning, Tucson City Attorney By R. William Call and M.J. Raciti and Michael G. Rankin, Tuscon, Attorneys for Petitioner and Real Party in Interest State of Arizona.

Law Offices of Stephen Paul Barnard, P.C. By Stephen Paul Barnard and Kelly C. Knop, Tuscon, Attorneys for Real Party in Interest Hawkins.

OPINION

FLÓREZ, Judge.

¶ 1 In these consolidated special action proceedings, petitioners Nanci Mack and Robert Marmion and real party in interest Glenda Hawkins (collectively, the defendants) were each charged in the underlying criminal proceedings with violating former A.R.S. § 28-692(A)(1), driving while under the influence of intoxicating liquor (DUI), and former § 28-692(A)(2), driving with an alcohol concentration of 0.10...

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