Amos v. Bowen

OPINION

HATHAWAY, Judge.

Appellee was charged in Tucson City Court with driving while under the influence of intoxicating liquor or drugs (DUI) in violation of A.R.S. § 28-692 on October 29, 1982. A defense motion to dismiss, alleging that the police hampered appellee’s right to obtain an independent blood test, was denied. Thereupon a special action was filed in Pima County Superior Court, which ruled that the city court judge had abused her discretion in denying the motion to dismiss and remanded the cause to the city court for dismissal with prejudice. Final judgment was entered on October…