Legal Opinion

Hoff v. State

Circuit Court for the Judicial Circuits of Florida

Decided April 7, 1983No. Case No. CJAP 81-61Published

1Opinion of the Court

OPINION OF THE COURT

TED P. COLEMAN, Circuit Judge.

ORDER AND OPINION

Appellant was convicted in the trial court of driving a motor vehicle while under the influence of intoxicating beverages.

*80The sole point raised on appeal is whether the Appellant was entitled to consult with an attorney before being required to indicate whether he would consent to a breathalyzer test.

It is clearly established that one charged with á crime is entitled to assistance of counsel at every “critical stage” in the proceedings against him. See United States v. Wade, 388 U.S. 218, 87 S. Ct. 1926, 19 L.Ed. 3d 1149…

2Cases cited7 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Campbell v. Superior CourtArizona Supreme Court · 1971
  3. State v. NeitzelWisconsin Supreme Court · 1980
  4. Holmberg v. 54-A Judicial District JudgeMichigan Court of Appeals · 1975
  5. The People v. MulackIllinois Supreme Court · 1968

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