Leopold v. Tofany

On the night of November 15, 1970 there was an accident involving the automobile operated by petitioner Robert Leopold, and the personal automobile of Patrolman Kalman Ungar, who was then off-duty. A conversation ensued — the substance of which is differently recalled by *4the principals — after which Ungar placed Leopold under arrest on a charge of driving while intoxicated.

After petitioner had been removed to the station house, a friend, who had been the passenger in his car, called an attorney, John Jankoff, Esq., and requested counsel to represent petitioner. Jankoff then called the station…