State Baumert v. Mun. Ct. of City of Phoenix

OPINION

HAIRE, Presiding Judge.

This appeal arises out of a criminal prosecution for driving while intoxicated (DWI) and concerns the admissibility of evidence of the defendant’s alleged refusal to take a breathalyzer test. The question has been presented to this Court on an appeal from a Maricopa County Superior Court special action proceeding wherein the superior court upheld the ruling denying admissibility made by the municipal court judge. The state contends that the appellee municipal court judge erroneously granted the defendant’s motion in limine to prohibit the state from introducing…