State v. Hon. rogers/hon. ditsworth/morgan

GEMMILL, Judge:

¶ 1 The State of Arizona filed a Petition for Special Action objecting to a jury instruction proposed by the Real Party in Interest Joseph Morgan and adopted in the underlying ease by the South Mountain Justice Court. For the following reasons, we accept jurisdiction and grant relief.

BACKGROUND

¶ 2 On February 25, 2012, Morgan was stopped by police for suspicion of driving while under the influence of alcohol. A blood test indicated that Morgan’s blood alcohol concentration (“BAC”) was 0.17 percent within two hours of being in actual physical control of a vehicle. In June 2012,…