WOZNIAK v. GALATI

No. 1 CA-SA 01-0097.

30 P.3d 131 (2001)

200 Ariz. 550

Jason P. WOZNIAK, Petitioner, v. The Honorable Frank T. GALATI, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona; City of Phoenix, Real Party in Interest.

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

August 9, 2001.


Attorney(s) appearing for the Case

Theodore C. Jarvi, Tempe, Attorney for Petitioner.

F. Tyler Rich, Assistant City Prosecutor, Phoenix, Attorneys for Real Party in Interest.


OPINION

BERCH, Judge.

¶ 1 Jason P. Wozniak was arrested for violations of Arizona Revised Statutes ("A.R.S.") sections 28-1381(A)(1) (Supp.2000) (prohibiting driving while impaired to the slightest degree) and 28-1381(A)(3) (Supp.2000) (prohibiting driving while there is a drug or its metabolite in the body). He was tried in municipal court and a jury found him not guilty of driving while impaired to the slightest degree (the (A)(1) charge...

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