State v. Superior Court

OPINION

TOCI, Judge.

The issue in this case is whether the justice court abused its discretion when it granted defendant’s motion to sever the charge of violating Ariz.Rev.Stat.Ann. (“A.R.S.”) section 28-692(A)(l) (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…