State Ex Rel. Verburg v. Jones

OPINION

LANKFORD, Judge.

¶ 1 The State brought this special action to challenge a ruling excluding evidence of a defendant’s refusal to perform field sobriety tests from a trial for driving under the influence (“DUI”). By prior order, we accepted jurisdiction and granted relief, with an opinion to follow. This opinion explains why we granted relief.

¶ 2 The special action is from a superior court ruling on appeal from a municipal court DUI conviction. Defendant was charged with two DUI counts: driving while impaired in violation of Arizona Revised Statutes (“A.R.S.”) section 28-1381(A)(l)…