Legal Opinion

State v. Poshka

Court of Appeals of Arizona

Decided April 1, 2005No. 2 CA-CR 2003-0123PublishedCited by 10 opinions

1Opinion of the Court

OPINION

ESPINOSA, J.

¶ 1 Appellant Tyla Poshka was convicted after a jury trial of one count of aggravated driving under the influence of alcohol (DUI) with a suspended or revoked driver’s license and one count of aggravated driving with a blood alcohol concentration (BAC) of .08 or more with a suspended or revoked driver’s license. The trial court suspended the imposition of sentence and imposed concurrent, five-year terms of probation. Poshka contends the legislature’s amendment to A.R.S. § 28-1381 is unconstitutionally vague and overbroad and violates her due process rights. Finding no…

2Cases cited19 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Kolender v. LawsonSupreme Court of the United States · 1983
  4. Flemming v. NestorSupreme Court of the United States · 1960
  5. Commonwealth v. BarudSupreme Court of Pennsylvania · 1996

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3Cited by10 opinions

  1. State of Arizona v. William Peter MoranCourt of Appeals of Arizona · 2013
  2. State v. PUTZICourt of Appeals of Arizona · 2010
  3. State v. GeorgeCourt of Appeals of Arizona · 2013
  4. Franklin v. ClemettCourt of Appeals of Arizona · 2016
  5. Robert Fleming v. State of Arizona, Az. Dept. of Public Safety, GallivanCourt of Appeals of Arizona · 2014

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