Narten v. Curry

The petitioner was arrested for and charged with the offense of operating a motor vehicle while under the influence of alcohol. He was taken to the headquarters of the Geauga County Sheriff’s Department and there requested to submit to a “breathalyzer” test for intoxication.

Petitioner requested permission to consult his attorney before taking any test or making any statement with regard to it. For almost one hour the arresting officers an d others at the station house tried to persuade petitioner to take the test and then call his lawyer.

Finally, petitioner was permitted to call his attorney,…