Baker v. State

GRIFFIS, P.J.,

for the Court:

¶ 1. Jilinda Baker was charged with first-offense driving under the influence (DUI) under Mississippi Code Annotated section 63-11-30(3) (Supp.2011). Baker’s motion for nonadjudication was granted by *242the justice court. The Department of Public Safety determined that she was ineligible for nonadjudication of the offense because her failure to submit a proper breath sample for the Intoxilyzer 8000 test was considered a refusal to take the test. The circuit court agreed that nonadjudication was not proper. On appeal, Baker argues the circuit court erred by affirming…