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Legal Opinion

State v. Berkley

Court of Appeals of Washington

Decided December 13, 1993No. Nos. 27030-3-I; 27034-6-IPublishedCited by 4 opinions

1Opinion of the CourtForrest, J.

Heather Berkley and Roger Pablo appeal their convictions for driving while intoxicated arguing that the Fifth Amendment privilege against self-incrimination prevents them from being required to testify as to their financial condition at the time of arrest. We reverse.

1. Berkley.

On May 20, 1989, Heather Berkley was arrested for driving while intoxicated in Snohomish County. The arresting officer testified that Berkley displayed "thick" speech, her eyes were glassy and unfocused, she walked unsteadily, and smelled of alcohol. The officer told Berkley that she had the right to additional tests…

2Cases cited6 opinions

  1. State v. FosterWashington Supreme Court · 1979
  2. State v. BartelsWashington Supreme Court · 1989
  3. Eastham v. ArndtCourt of Appeals of Washington · 1981
  4. Seventh Elect Church in Israel v. RogersCourt of Appeals of Washington · 1983
  5. People v. JeskeMichigan Court of Appeals · 1983

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

3Cited by4 opinions

  1. State v. WhiteCourt of Appeals of Washington · 2009
  2. State v. WhiteCourt of Appeals of Washington · 2009
  3. View Ridge Estates Hoa, Resps V. Walter Guetter, AppsCourt of Appeals of Washington · 2024
  4. Ward v. Bank of AmericaDistrict Court, W.D. Washington · 2022

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