Rask v. State

OPINION

Judge ALLARD,

writing for the Court.

Following a jury trial, Rex Raymond Rask was convicted of felony refusal to submit to a breath test.1 Rask appeals his conviction, arguing that his due process rights were violated because the police gave him objectively misleading advice regarding the criminal nature of his act of refusing to submit to a breath test. ■

For the reasons explained here, we agree with Rask, and we reverse the judgment of the superior court.

Underlying facts and prior proceedings

In the early morning of July 27, 2011, Rask drove his car into a pole near the Cal Worthington…