Matter of McNeely

BURNETT, Justice,

specially concurring.*

I concur fully in all parts of the opinion except those in which the constitutional right to counsel is discussed. On that issue I concur only in the result, acknowledging that the outcome is mandated by current decisions of our State Supreme Court. However, for reasons expressed in Triplett v. State, 119 Idaho 193, 804 P.2d 922 (Ct.App. 1990), I urge our Supreme Court to reexamine the right to counsel where a motorist is placed under arrest and asked to submit to an evidentiary test.

Judge Burnett’s specially concurring opinion was prepared prior to his…