State v. Encinas

ANDREWS, Presiding Judge.

The State appeals from the trial court’s grant of Senen James Encinas, Jr.’s motion in limine to exclude evidence that he refused to take a state-administered chemical test. In granting the motion, the trial court found that there was not probable cause to arrest Encinas for DUI. For the reasons that follow, we affirm.

At the hearing on the motion in limine, the arresting officer testified that he stopped Encinas for going 70 miles per hour in a 55 mile per hour zone. The officer testified that he also noticed that Encinas was “riding against the fog line” but…