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McKAY v. DAVIS

No. 13945.

653 P.2d 860 (1982)

Frank McKAY, Petitioner-Appellee, v. Hon. Thomas E. DAVIS, Metropolitan Judge, Respondent-Appellant.

Supreme Court of New Mexico.

Rehearing Denied November 2, 1982.

Attorney(s) appearing for the Case

Steven Schiff, Dist. Atty., Luis G. Stelzner, Sp. Asst. Dist. Atty., Albuquerque, for respondent-appellant.

John L. Walker, Albuquerque, for petitioner-appellee.

OPINION

PAYNE, Justice.

Frank McKay was arrested for driving while under the influence of liquor (DWI). When the arresting officer requested that he submit to a breath-alcohol test, McKay refused. At the pretrial conference, he informed the appellant, Judge Thomas E. Davis of the Metropolitan Court, that he would move to exclude any references at trial to his refusal to take the test. The Judge then advised McKay...

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