State Ex Rel. Montgomery v. Miller

OPINION

GOULD, Judge.

¶ 1 The State seeks special action relief from the trial court’s order granting Defendant’s motion in limine. The trial court’s order precluded the State’s expert from testifying that, based on his retrograde extrapolation calculation, Defendant’s blood alcohol concentration (BAC) was above the legal limit within two hours of driving. Because we conclude the expert’s testimony is admissible under Arizona Rule of Evidence 702, we accept jurisdiction and grant relief.

Facts and Procedural Background

¶ 2 In May 2009, Suzanne Raequel Madrid (“Defendant”) was stopped by the…