Isbell v. Miller

OPINION

VOSS, Judge.

Appellant, Marion William Isbell, III, appeals from the superior court’s affirmance of an administrative order which suspended his driver’s license for driving under the influence of an intoxicating beverage. He raises the following issues for our review.

1) Whether A.R.S. § 28-694 requires an administrative hearing officer (ALJ) to consider extrapolation evidence;

2) if the ALJ is not required to consider extrapolation evidence, whether section 28-694 is unconstitutional because it lacks a rational basis; and

3) whether the ALJ was required to consider the inherent error in…