HELES v. STATE OF S. D.

No. 82-1225.

682 F.2d 201 (1982)

Patrick HELES, Appellee, v. STATE OF SOUTH DAKOTA; Driver Improvement Program, South Dakota Department of Public Safety, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1982.


Attorney(s) appearing for the Case

Mark V. Meierhenry, Atty. Gen., Mark Smith, Asst. Atty. Gen., Pierre, S. D., for appellants.

John P. Blackburn, Atty. at Law, Yankton, S. D., for appellee.

J. Scott Brown, Kansas City, Mo., David Crump, The Legal Foundation of America, Houston, Tex. (Murry B. Cohen, Houston, Tex., of counsel), amicus curiae for The Legal Foundation of America.

Before HEANEY and ARNOLD, Circuit Judges, and REGAN, Senior District Judge.


ARNOLD, Circuit Judge.

Patrick J. Heles brought this suit for a declaratory judgment that South Dakota law respecting revocation of drivers' licenses violated the Sixth and Fourteenth Amendments by prohibiting him from calling a lawyer for advice before being compelled, on pain of losing his license for one year, to submit to a blood-alcohol test. The District Court, 530 F.Supp. 646 ...

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