Gerard v. State

OPINION OF THE COURT

JAMES T. CARLISLE, Circuit Judge.

ORDER DENYING PETITION FOR COMMON LAW WRIT OF CERTIORARI

The appellant contends the suspension of his driver’s license under the implied consent law should be reversed because the police advised him of the implications of the implied consent law and his Miranda Rights in such a way as to lead him to believe he could refuse to submit to a breathalyzer test until he had the opportunity to consult with counsel. He relies on Weisman v Sullivan 211 NW 2d 906 (Nebraska, 1983).

At the implied consent hearing, Officer Budash could not remember what…