State v. Fell

OPINION

PELANDER, J.

¶ 1 In this special action, petitioner State of Arizona asks us to decide whether the respondent judge erred in ruling that the real party in interest Gayle Waldstein could use the necessity defense, codified in A.R.S. § 13-417, to defend against charges filed under Title 28, specifically, driving while under the influence of an intoxicant (DUI). Because this is a purely legal question of first impression in Arizona and because the state has no equally plain, speedy, and adequate remedy by appeal, see A.R.S. § 22-375 and Rule 1(a), Ariz.R.P. Special Actions, 17B A.R.S., we…