State Ex Rel. McDougall v. Corcoran

HOLOHAN, Justice.

We accepted jurisdiction of the State’s petition for special action to resolve an evidentiary issue which has arisen in a number of cases involving prosecution for driving under the influence of intoxicating liquor. In the case at issue, respondent judge ruled that it was reversible error for the prosecutor to refer at trial to the fact that the defendant had sought and obtained a breath sample, but did not introduce any evidence relating to the sample at trial.

The facts are not disputed by the parties. After being involved in an automobile accident on December 28, 1984,…