People v. Shorkey

Gerald Shorkey was arrested in the early morning of March 4,1973, for driving a motor vehicle while under the influence of alcoholic beverages. He was taken to a police station and was asked it he would submit to a chemical breath analysis. He refused. The arresting officer made out a ticket charging Shorkey with the drunken driving offense and took him to the lockup. On the way Shorkey changed his mind and said he would take the test. The officer felt that his consent came too late, and locked him up.

At his trial Shorkey pleaded not guilty and waived a jury. He filed a petition for a hearing…