Gottschalk v. Sueppel

The commissioner of public safety has appealed from an order of the district court vacating the revocation for 120 days of plaintiff Gottsehalk’s driver’s license because of his refusal to submit to a chemical test under the Uniform Chemical Test for Intoxication Act, frequently called the Implied Consent Law, sections 37 through 50, chapter 114, Laws of the Sixtieth General Assembly.

The court’s decision is based on its conclusion plaintiff should have had the opportunity to consult with his attorney before exercising the option of consenting or refusing to submit to a chemical test under the…