State v. Collins

OPINION

HATHAWAY, Chief Judge.

Did the trial court abuse its discretion in granting defendant’s motion for a new trial on the ground of jury misconduct? That is the sole question on appeal.

Collins was charged with driving while intoxicated, with a prior D.W.I. conviction within the preceding 24 months, and was found guilty by a jury. Prior to trial, the court ruled that the state could not introduce into evidence breathalyzer test results, as required by Scales v. City Court of Mesa, 122 Ariz. 231, 594 P.2d 97 (1979). Consequently, proof of Collins’ intoxication at the time of his arrest…