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FLETCHER v. CITY OF NEWPORT

No. CR76-108.

541 S.W.2d 681 (1976)

O. W. FLETCHER, Appellant, v. CITY of NEWPORT, Appellee.

Supreme Court of Arkansas.

Rehearing Denied November 8, 1976.

Attorney(s) appearing for the Case

Pickens, Boyce, McLarty & Watson by James A. McLarty, Newport, for appellant.

Harold S. Erwin, City Atty., Newport, for appellee.

ROY, Justice.

On August 27, 1975, appellant O. W. Fletcher was arrested for the offense of driving while under the influence of intoxicants and refusing to take an intoximeter test. During the course of the arrest, Officer Mike Wilson informed appellant of his rights pursuant to Ark.Stat.Ann. § 75-1045(c)(3) (Supp.1975), but appellant was not informed that law enforcement officers would assist him in obtaining an additional test if he so desired. Appellant refused...

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