State Ex Rel. Moore v. Houser

Ralph Moore petitioned this court for review of a Court of Appeals opinion that affirmed the Superior Court's refusal to issue a writ prohibiting a municipal court from proceeding with petitioner's trial. We reverse the Court of Appeals and remand the cause to the Superior Court for issuance of a writ of prohibition consistent with this opinion.

The owner of a damaged automobile gave a police officer reason to believe that petitioner, Moore, had collided with *271his parked car. Petitioner was arrested on September 28, 1975, and booked on a charge of driving while intoxicated. On September 29 a…