Scales v. City Court of City of Mesa

HOLOHAN, Justice.

This is a special action brought by one hundred three defendants who have pending charges of driving while intoxicated under A.R.S. § 28-692 et seq. The respondents are the City of Mesa, Hon. Harold Reeb, and Hon. D. H. Standage, both magistrates in Mesa, and Hon. Rufus Coulter, Judge of the Superior Court of Maricopa County. This court has jurisdiction under A.R.S.Const. art. 6 § 5(4) and 17A A.R.S., Special Actions, Rules of Proc., rules 3(b) and (c).

Each petitioner was arrested for driving while intoxicated and given a breath test by means of a Breathalyzer. Each was…