State Ex Rel. McDougall v. Superior Court

OPINION

TOCI, Judge.

The state filed a special action petition seeking review of the superior court’s ruling that the state must demonstrate complete compliance with Department of Health Services (“DHS”) regulations before breath-test results are admissible as evidence in a prosecution for driving under the influence (“DUI”). The petition presents one issue: must the state submit a breath-test device’s quarterly control function reports in addition to the device’s monthly calibration reports to establish prima facie evidence that the testing device was in “proper operating condition at a time…