(Download) "Schussler v. Fischer" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Schussler v. Fischer
- Author : Supreme Court of Montana
- Release Date : January 27, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The Director of Revenue ("Director") appeals the judgment of the Circuit Court of Henry County, Missouri, setting aside the revocation of Kris Schusslers ("Driver") drivers license under section 577.041 , for the police officers failure to allow Driver twenty minutes to contact an attorney after being read the Implied Consent Law. We find that the officer violated the implied consent law by not allowing Schussler an additional twenty minutes to contact an attorney after the implied consent warning was given even though he had earlier requested an attorney and been unsuccessful in reaching one after he was given a Miranda warning. Because the Director has failed to satisfy its burden to show the violation was not actually prejudicial, we affirm.
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