Cavanaugh v. Alfred

OPINION

FERNANDEZ, Judge.

This special action arises from the trial court’s denial of a motion to dismiss the state’s appeal to superior court. Because it appears that this is a case of first impression and is of statewide interest to the bench and bar, we assume jurisdiction and deny relief.

Petitioner was arrested on August 1, 1985, and charged with driving while under the influence of intoxicating liquor. A.R.S. § 28-692(A). On October 2, 1985, he filed a motion to suppress, alleging that there was no founded suspicion sufficient to justify the initial stop of his vehicle. The motion to…