Shepherd v. Fahringer

OPINION

ROLL, Judge.

In this special action, we address two related issues arising in driving while intox*395icated (DUI) prosecutions. Specifically, petitioner argues that the state violated Hinson v. Coulter, 150 Ariz. 306, 723 P.2d 655 (1986) in two ways: (1) by dismissing pending DUI charges against him, then 130 days later refiling felony charges arising from his arrest for DUI; and (2) due to the refiling delay, the state but not the defense was prepared to go to trial within 150 days. For the reasons set forth below, we deny petitioner relief.

FACTS

On March 27,1987, petitioner was arrested…