Legal Opinion

State v. MacGregor

Circuit Court of the 16th Judicial Circuit of Florida, Monroe County

Decided January 4, 1983No. Case No. 82-7684-TT-A-43Published

1Opinion of the Court

J. ALLISON DeFOOR II, County Judge.

FACTS

The defendant was arrested on November 20, 1982 for the offense of driving while under the influence of intoxicating beverages, FS 316.193. At the station the defendant was directed to take a breathalyzer test to determine the alcoholic content of his blood. The defendant insisted that he be given his rights under Miranda v. Arizona, 384 U.S. 436 (1966) and was given them. The defendant stated that he wished to call his attorney, and was told that he didn’t have that right. Subsequently he proceeded to comply with the officer’s insistence upon taking…

2Cases cited17 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Gilbert v. CaliforniaSupreme Court of the United States · 1967
  5. Holt v. United StatesSupreme Court of the United States · 1910

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