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Legal Opinion

State v. Sandler

West Virginia Supreme Court

Decided October 30, 1985No. 16219PublishedCited by 28 opinions

1Opinion of the Court

BROTHERTOÑ, Justice:

The appellant, Bernard Sandler, was convicted of driving under the influence of alcohol upon a public highway in violation of W.Va.Code § 17C-5-2 (1976) by the Circuit Court of Jefferson County, West Virginia. He now appeals that conviction, alleging multiple errors. We find merit in these allegations, and reverse the conviction, remanding for a new trial.

Mr. Sandler was arrested for driving under the influence of alcohol on July 1, 1981. He submitted to a breath test, which showed a .14 blood alcohol level. In accordance with routine procedure, neither a sample of the…

2Cases cited14 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. California v. TrombettaSupreme Court of the United States · 1984
  3. People v. OlsenNew York Court of Appeals · 1974
  4. State v. SheppardWest Virginia Supreme Court · 1983
  5. Anthony Fernandez, A/K/A Tony Fernandez, Burl Elton Dalgliesh and Carl G. Pratt v. United StatesCourt of Appeals for the Ninth Circuit · 1964

9 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. State v. NeumanWest Virginia Supreme Court · 1988
  2. State v. KilmerWest Virginia Supreme Court · 1993
  3. State v. MasseyWest Virginia Supreme Court · 1987
  4. State v. ReddenWest Virginia Supreme Court · 1997
  5. State v. ThompsonWest Virginia Supreme Court · 2007

23 more not listed; retrieve them via the Exa API.

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