State v. Rebollosa

OPINION

VOSS, Presiding Judge.

In this case we hold that a stipulation concerning an element of an offense that is accepted by all parties must be presented to the jury.

On August 1, 1990, an officer from the Mesa Police Department observed defendant driving erratically and speeding. The officer stopped defendant and asked him to perform several field sobriety tests. Defendant did so but refused to take a blood or breath test. The field sobriety tests revealed signs of intoxication and defendant was arrested. At his trial, defendant stipulated that he was aware that his driver’s license was…