Legal Opinion

Spradling v. Deimeke

Supreme Court of Missouri

Decided September 8, 1975No. 58782PublishedCited by 104 opinions

1Opinion of the Court

BARDGETT, Judge.

This is an appeal by Joseph F. Deimeke from an order of the circuit court denying his application for reinstatement of his Missouri automobile driver’s permit. The case involves the questions of (1) whether a person who has been arrested for driving while intoxicated and requested to take -a breathalyzer test pursuant to § 564.441, RSMo 1969, has a right to have counsel present at the time the test is given under Amendments VI and XIV, U.S. Constitution; (2) whether the request of appellant to have counsel present before he took the breathalyzer test constituted a refusal…

2Cases cited21 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. State, Department of Highways v. BeckeySupreme Court of Minnesota · 1971
  3. Blow v. Commissioner of Motor VehiclesSouth Dakota Supreme Court · 1969
  4. State v. PandoliNew Jersey Superior Court Appellate Division · 1970
  5. Robertson v. State Ex Rel. LesterSupreme Court of Oklahoma · 1972

16 more not listed; retrieve them via the Exa API.

3Cited by104 opinions

  1. Sites v. StateCourt of Appeals of Maryland · 1984
  2. Copelin v. StateAlaska Supreme Court · 1983
  3. Griffin v. United StatesDistrict of Columbia Court of Appeals · 1992
  4. Gaunt v. Motor Vehicle Div., Dept. of Transp.Court of Appeals of Arizona · 1983
  5. McMaster v. LohmanMissouri Court of Appeals · 1997

99 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API