Cosky v. Commissioner of Public Safety

Because I believe that allowing Cosky to use the telephone to make outgoing phone calls did not fully vindicate his Sixth Amendment right to counsel and his statutory right to additional testing, I respectfully dissent. After the Park Nicollet Clinic informed Cosky that it would not send anyone to the jail to perform a blood test, Cosky sought counsel’s advice on how to obtain an additional test. In an implied consent proceeding, the driver’s Sixth Amendment right to counsel attaches when deciding whether to submit to testing and continues through each critical stage, including the right to…