Blake v. Commissioner of Public Safety

SUMMARY OPINION

POPOVICH, Chief Judge.

FACTS

On January 30, 1985, respondent John P. Blake was arrested for driving while intoxi*802cated. He was read the implied consent advisory which stated that respondent could not consult with an attorney until after submitting to testing for purposes of determining his blood alcohol content.

After testing, respondent’s license was revoked, and he petitioned for judicial review. At the hearing, he stipulated to all issues except the right to consult with an attorney prior to testing.

The trial court took judicial notice of the fact that some municipalities in…