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O'CONNOR v. CITY OF MONTGOMERY

3 Div. 967.

462 So.2d 756 (1984)

Michael Patrick O'CONNOR III v. CITY OF MONTGOMERY.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 13, 1984.

Certiorari Denied February 8, 1985.

Attorney(s) appearing for the Case

John T. Kirk, Montgomery, for appellant.

J. Bernard Brannan, Jr., Montgomery, for appellee.

Alabama Supreme Court 84-230.

TAYLOR, Judge.

Appellant Michael Patrick O'Connor III, having waived a jury trial and having been convicted by the court of driving while under the influence of alcohol and fined $250 plus costs, prosecutes this appeal.

Appellant first contends that he had the right under the Fifth Amendment to refuse to take the compulsory chemical intoxication test. The Fifth Amendment protects an accused person from being compelled...

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