Anderson v. State

OPINION

LIVERMORE, Presiding Judge.

Appellee Ronald D. Anderson was charged in Tucson City Court in two counts with driving while being intoxicated under A.R.S. § 28-692(A) and driving with a blood-alcohol level greater than 0.10% (the test result was 0.12%) in violation of A.R.S. § 28-692(B). After it was discovered that the state would offer evidence relevant to the § 28-692(A) charge that everyone is adversely impaired when blood-alcohol exceeds 0.08%, defendant moved for a severance of the charges. The motion was denied in city court. Defendant successfully sought special action relief in…