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STATE EX REL. MONTGOMERY v. MILLER

No. 1 CA-SA 13-0132.

321 P.3d 454 (2014)

STATE of Arizona ex rel. William G. MONTGOMERY, Maricopa County Attorney, Petitioner, v. The Honorable Phemonia L. MILLER, Commissioner of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Commissioner, Suzanne Racquel Madrid, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

March 28, 2014.

Attorney(s) appearing for the Case

Maricopa County Attorney's Office By Lisa Marie Martin , Phoenix, Counsel for Petitioner.

Law Offices of Neal W. Bassett By Neal W. Bassett , Phoenix, Shell & Nermyr PLLC By Mark A. Nermyr , Chandler, Co-Counsel for Real Party in Interest.

OPINION

GOULD, Judge.

¶ 1 The State seeks special action relief from the trial court's order granting Defendant's motion in limine. The trial court's order precluded the State's expert from testifying that, based on his retrograde extrapolation calculation, Defendant's blood alcohol concentration (BAC) was above the legal limit within two hours of driving. Because we conclude the expert's testimony is admissible under Arizona Rule of Evidence 702, we...

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