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LOGAN v. BROWN

No. 1 CA-CIV 8442.

151 Ariz. 96 (1986)

725 P.2d 1130

Marvin W. LOGAN and Marjorie J. Logan, husband and wife, Plaintiffs-Appellants, v. Thomas B. BROWN, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department A.

September 11, 1986.

Attorney(s) appearing for the Case

Hill, Midgley & Hall by Norman D. Hall, Jr., Scott K. Midgley, Barry J. Klinckhardt, Phoenix, for plaintiffs-appellants.

Black, Robertshaw, Copple & Pozgay, P.C. by Steven D. Copple, Philip C. Thorpe, Phoenix, for defendant-appellee.

OPINION

FROEB, Chief Judge.

The first question is whether the trial court properly refused to instruct the jury on the presumption of driving under the influence of intoxicating liquor, pursuant to A.R.S. § 28-692(E)(3), because plaintiffs failed to introduce any expert testimony relating defendant's 0.12% blood-alcohol content at the time of the breath test back to the time of the accident. The second is whether the court erred in precluding evidence...

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