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[DOWNLOAD] "Jeffrey Michael Kuntz v. State Highway" by Supreme Court of New York ~ eBook PDF Kindle ePub Free

Jeffrey Michael Kuntz v. State Highway

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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§ 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.


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