Supreme Court case determines a DWI suspect is entitled to a private consultation with his attorney under Missouri’s implied consent law, assuming the suspect requests a chance to call his lawyer.
Hearing this issued for the first time, the state high court reviewed Jereme Roesing v. Director of Revenue, an appeal from Jackson County circuit court. By a decision of 4-3, the Court reversed the decision and remanded the case (sends it back) to the trial court. The Court ruled that because law enforcement deprived the man of his right to confer privately with his attorney, and the Director of Revenue failed to show the man was not prejudiced as a result, his refusal to consent to the chemical test was not voluntary and unequivocal, and the circuit court erred in sustaining the revocation of his driving privileges.
The facts of the case are as follows:
The Defendant was arrested … Read the rest