Scalco v. State

James R. Cooper, Judge.

The appellant in this criminal case was arrested and charged with driving while intoxicated. Following his arrest, he was given a breathalyzer test at the direction of the arresting officer. Afterwards, the appellant asserted his rights to an additional test but did not have the $400.00 in cash necessary to obtain the test at the testing facility to which he was taken pursuant to the policy of the City of Russellville Police Department. The appellant filed a motion to suppress the results of the breathalyzer test on the grounds that he received inadequate assistance in…