Arizona Supreme Court

State of Arizona, ex rel. William G. Montgomery, Maricopa County Attorney, Petitioner v. the Honor — Timmer, J…

April 22, 2014234 Ariz. 343

Summary

Justice Timmer dissented from the majority's construction of the drugged-driving statute. She would hold that the statute unambiguously prohibits driving with any metabolite of a proscribed drug and that applying the statute as written is not absurd, because a zero-tolerance rule facilitates detection and prosecution of drugged driving. She would affirm the court of appeals and leave any constitutional concerns to as-applied challenges.