STATE v. SUPERIOR COURT OF ARIZONA

No. 2 CA-SA 87-0012.

154 Ariz. 275 (1987)

742 P.2d 286

The STATE of Arizona, Petitioner, v. The SUPERIOR COURT OF THE STATE of ARIZONA; and the Honorable James L. Riley, Judge of the Superior Court, Respondents, and Hubert B. SPEARS, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied September 4, 1987.


Attorney(s) appearing for the Case

Alan K. Polley, Cochise Co. Atty. by Patrick M. Elliston, Bisbee, for petitioner.

Elledge and Kelliher, P.C. by John F. Kelliher, Jr., Sierra Vista, for real party in interest.


OPINION

FERNANDEZ, Judge.

The issues presented by this special action concern the question whether evidence of a defendant's refusal to take field sobriety tests in a trial on a charge of driving under the influence would violate the defendant's Fifth Amendment privilege against self-incrimination. This is a narrow legal question, and one of significant public concern, appropriate for determination by special action. We therefore accept jurisdiction.

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