State v. Goodon

SACKETT, Judge.

Defendant-appellant Luke Charles Goo-don contends evidence of his breathalyzer test should have been suppressed in his trial for driving under the influence because (1) the test was suppressed in an administrative proceeding, and (2) he was denied the opportunity to have an independent test conducted.

Defendant was arrested for driving under the influence. He consented to an in-toxilyzer test. Defendant was told he had the right to an independent test but he would have to make his own arrangements. Defendant contacted an attorney. The attorney did not come to the center where…