Court of Appeals of Arizona August 22, 2002, 2 CA-SA 2002-1148 (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).