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Tracey Ernest Wiberg v. Comm'r of Public Safety

Case Conclusion Date: 04.05.2005

Practice Area: DUI and DWI

Outcome: Court of Appeals reversed decision of lower court

Description: In this case I argued that my client was not given a full opportunity to consult with an attorney before making his decision about chemical testing. His lack of opportunity was caused by the officer not providing him with any phone books or directory assistance to call an attorney. Upon seeing my client struggle to find an attorney, the officer did nothing to assist my client. The trial court did not believe this was a violation of my client's right to counsel and he appealed. The Court of Appeals reversed the trial court's decision, finding that my client's right to an attorney had not been vindicated by the officer. As a result my client's license revocation was rescinded (dismissed).

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