(DOWNLOAD) "Jeffrey Michael Kuntz v. State Highway" by Supreme Court of New York ~ Book PDF Kindle ePub Free

eBook details

Title: Jeffrey Michael Kuntz v. State Highway
Author : Supreme Court of New York
Release Date : January 29, 1987
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 72 KB

Description

Jeffrey M. Kuntz appeals from a district court judgment upholding the Highway Commissioners decision to revoke his drivers license for two years, under Â§Â§ 39-20-04 and 39-20-05, N.D.C.C., for refusing to take an intoxilyzer test. We hold that a person arrested for driving under the influence of intoxicating liquor has a qualified statutory right to consult with an attorney before deciding whether or not to submit to a chemical test. We conclude that Kuntz was not allowed a reasonable opportunity to do so, at his request, and that, therefore, his failure to take the test was not a refusal. Accordingly, we reverse.