Fiegel v. City of Cabot

I dissent. Arkansas Code Annotated Section 5-65-204(e)(2) (1987) of our Omnibus DWI Act provides in part:

The refusal or failure of a law enforcement officer to advise such person of this right and to permit and assist the person to obtain such test shall preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.

I fail to see any degree of “reasonable assistance” on the part of the law enforcement officer in the instant case. Although the officer advised appellant of his right to an additional test, the officer’s testimony reveals that he did…