Archive for May, 2019

Right to privately call attorney with DWI/DUI

Saturday, May 4th, 2019

“By listening to and recording Roesing’s end of the conversation, law enforcement obstructed his opportunity to speak privately with his attorney to make an informed decision as to whether to refuse the chemical test pursuant to section 577.041.1. Because Roesing’s section 577.041.1 right to counsel was violated, his refusal of the chemical test was not voluntary and unequivocal. “

Roesing v. Director of Revenue, SC97165, Missouri Supreme Court, decided April 30, 2019.