State Ex Rel. Romley v. Galati

OPINION

NOYES, Judge

¶ 1 Defendant, real party in interest Russell K. Petersen, was charged with two counts of aggravated driving under the influence (“DUI”), in violation of Arizona Revised Statutes Annotated (“A.R.S.”) sections 28-697(A)(1) and (2) (1996) (renumbered as 28-1383(A)(1) and (2) (1998)). The aggravating element of Count 1 was that the new DUI was committed when Petersen’s driver’s license was suspended, canceled, revoked or refused, or restricted. The aggravating element of Count 2 was that Petersen had two prior DUI convictions within the previous sixty months.

¶2 Petersen…