State v. Bayardi

OPINION

THUMMA, Judge.

¶ 1 Defendant Joseph W. Fannin is charged in municipal court with driving with an impermissible drug in his body in violation of Arizona Revised Statutes (“A.R.S.”) section 28-1381(A)(3) (West 2012).1 Fannin challenges the superior court’s holding that A.R.S. § 28-1381(D) creates an affirmative defense requiring him to prove by a preponderance of the evidence that he was using the drug as prescribed by a medical practitioner. For the following reasons, we accept jurisdiction and deny relief.

*197FACTUAL AND PROCEDURAL HISTORY

¶ 2 The State has charged Fannin with two counts of…