Moss v. Superior Court

OPINION

GRANT, Judge.

Defendants below, Louis B. Moss and Kenneth McElwain, petition for special action relief, asserting that the trial court’s denials of their motions to suppress Intoxi-lyzer test results taken after their arrests for aggravated driving while under the influence of intoxicating liquor (“DUI”) constituted denial of due process of law. This special action challenges the constitutionality of Ariz.Rev.Stat.Ann. (“A.R.S.”) section 28-692(G) and (H). We uphold the constitutionality of the statute which states that a defendant need not be given a preserved breath sample following…