Holmberg v. 54-A Judicial District Judge

Plaintiff was arrested for and charged with driving under the influence of intoxicating liquor, MCLA 257.625; MSA 9.2325. Prior to trial, plaintiff moved to dismiss the charges on the grounds that he was denied due process of law and equal protection of law. The basis for this claim was that although the police advised plaintiff of his right to counsel, they refused to permit him to call his attorney before requiring him to submit to a chemical test under the implied consent law, MCLA 257.625c; MSA 9.2325(3). Plaintiff contends that this refusal caused him to decline the chemical test,…