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STATE BAUMERT v. MUN. CT. OF CITY OF PHOENIX

No. 1 CA-CIV 3887.

119 Ariz. 142 (1978)

579 P.2d 1112

STATE of Arizona ex rel. Andy BAUMERT, Phoenix City Attorney, Appellant, v. The MUNICIPAL COURT OF the CITY OF PHOENIX, Arizona, and the Honorable H.B. Daniels, Judge thereof, and Paul A. MILLER, Defendant and Real Party in Interest, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied April 21, 1978.

Review Denied May 31, 1978.

Attorney(s) appearing for the Case

City of Phoenix by Oscar L. Sutton, Asst. City Prosecutor, Phoenix, for appellant.

Reginald R. Kiefer, Jr., Phoenix, for appellee Paul A. Miller, real party in interest.

OPINION

HAIRE, Presiding Judge.

This appeal arises out of a criminal prosecution for driving while intoxicated (DWI) and concerns the admissibility of evidence of the defendant's alleged refusal to take a breathalyzer test. The question has been presented to this Court on an appeal from a Maricopa County Superior Court special action proceeding wherein the superior court upheld the ruling denying admissibility made by the municipal court judge. The state contends...

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