State v. Chakerian

I agree that Section 66-8-109(B), as written, does not provide a defendant with a meaningful opportunity to arrange for and effectuate the timely performance of an independent chemical test. However, it is a function of our Legislature to make it so and revise the statute accordingly. For these reasons, I respectfully dissent.

The issue before this Court is whether providing Defendant with the Yellow Pages phone book and access to a telephone for a period of twenty to thirty minutes in the early hours of the morning meant that Defendantwas given a reasonable, as opposed to meaningful,…