The People v. Mulack

This is an appeal from a conviction in a bench trial of driving while under the influence of intoxicating liquor. Defendant was fined $100 and costs. His theory is that use of “Breathalyzer” tests and “Field Visual” tests violated his constitutional right to counsel under the doctrine of Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602.

The defendant was arrested about 4 A.M. after a deputy sheriff observed him driving erratically by spinning his wheels, weaving from lane to lane and making a “U” turn. The officer smelled a strong odor of liquor on defendant and placed him…