Mulvaney v. Commissioner of Public Safety

OPINION

KALITOWSKI, Judge.

Gregory T. Mulvaney appeals from the district court order that sustained the revocation of his driving privilege, contending he was denied his right to consult with an attorney before making a decision concerning chemical testing.

FACTS

On July 31, 1992, appellant Gregory T. Mulvaney was arrested for driving while under the influence. Appellant testified that on the way to the police department the arresting officer asked him if he was going to cooperate. Appellant told him he would be willing to take the test if his lawyer so advised. At the station, the officer read…