People v. Buerkett

After a hearing on defendant’s petition to rescind the statutory summary suspension of his driver’s license, the trial court granted the petition on the ground that defendant was misled into believing he had a right to have a lawyer present before submitting to a breathalyzer or blood test. On appeal, the State challenges the court’s decision as manifestly erroneous. We agree and reverse.

The pertinent facts are as follows. In November 1989, Pleasant Plains police officer Larry Cave stopped a speeding vehicle. It swerved left and then right, and ran off the road before coming to an abrupt…