State v. Boyd

OPINION

EHRLICH, Judge

¶ 1 Steven David Boyd appeals his conviction for driving with a suspended license while having a dangerous drug or its metabolite in his body. He claims that he was not afforded his right to due process because he lacked notice that the substance he ingested is a dangerous drug. We agree, finding the statute unconstitutional as applied to Boyd, and we therefore reverse his conviction.

FACTS1 AND PROCEDURAL HISTORY

¶ 2 At approximately 12:30 p.m. on December 28, 1999, a man who was driving southbound on 19th Avenue in Phoenix watched a man later identified as Boyd driving a…