State Ex Rel. McDougall v. Superior Court

OPINION

GERBER, Judge.

Petitioner State of Arizona sought special action relief from the respondent judges’ dismissals of two DUI-related counts against real party in interest Shelly Plummer (Ms. Plummer). In a previous order, we accepted jurisdiction and granted relief. This opinion explains that order.

FACTS AND PROCEDURAL HISTORY

On December 14, 1995, Phoenix Police Officer Tranter (Tranter) observed a pickup strike a median as it attempted a left-hand turn into an intersection. Two persons were in the cab. Tranter saw a man, later identified as Mr. Plummer, in the driver’s seat. No one else…