(Download) "State v. Superior Court" by Arizona Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Superior Court
- Author : Arizona Court of Appeals
- Release Date : January 09, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The issue in this case is whether the Justice court abused its discretion when it granted defendants motion to sever the charge of violating Ariz. Rev. Stat. Ann. ("A.R.S.") section 28-692(A)(1) (driving under the influence) from the charge of violating A.R.S. section 28-692(A)(2) (having a blood alcohol concentration ("BAC") of .10 or more within two hours of driving). In order to resolve that issue, we must decide a subordinate issue: Whether the results of a valid intoxilyzer test taken within two hours of driving are admissible to establish both charges without a foundation relating the BAC at the time of the test back to the BAC at the time of the traffic stop. Because we conclude that properly administered intoxilyzer test results indicating the BAC are admissible on both charges without relation-back testimony, the Justice of the peace abused his discretion when he granted the severance.
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