State Ex Rel. Hamilton v. City Court of City of Mesa

OPINION

GORDON, Chief Justice.

Leonard Joseph LoPresti (defendant) petitioned for review of a court of appeals’ opinion affirming the superior court’s grant of special action relief to the State. The superior court’s ruling permits the State to introduce horizontal gaze nystagmus (HGN) test results, in the absence of a chemical analysis of defendant’s blood alcohol content (BAC), as proof defendant violated A.R.S. § 28-692(A), which provides:

It is unlawful and punishable as provided in § 28-692.01 for any person who is under the influence of intoxicating liquor to drive or be in actual physical…