SITES v. STATE

No. 148, September Term, 1983.

300 Md. 702 (1984)

481 A.2d 192

JACOB EDWARD SITES v. STATE OF MARYLAND.

Court of Appeals of Maryland.

Motion for Reconsideration Denied October 1, 1984.


Attorney(s) appearing for the Case

Michael R. Braudes, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on brief), for appellant.

Jillyn K. Schulze, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, William R. Hymes, State's Atty., for Howard County and Martin J. McNamara, Asst. State's Atty., Ellicott City, on brief), for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.


MURPHY, Chief Judge.

The primary issue in this case is whether a person apprehended for driving while intoxicated has a statutory or constitutional right to consult counsel before deciding whether to submit to a chemical sobriety test.

I.

The record establishes that Jacob Edward Sites was stopped for drunk driving at approximately 12:45 a.m. on May 15, 1982. At 12:55 a.m., while still at the scene, the arresting officer read Sites a standardized...

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