Raine v. Curry

On February 8,1974, a state highway patrolman observed defendant’s automobile stuck in the mud adjacent to Interstate 270. Defendant was in the car, and the wheels were spinning when the officer approached the vehicle. The officer observed that defendant had the usual signs of being under the influence of alcohol and he was arrested on this charge and taken to patrol headquarters.

At patrol headquarters, defendant was advised of the consequences of refusing to take a designated chemical sobriety test. Hb refused to take a breathalyzer test unless he was first permitted to contact an attorney…