Q: I have been charged with felony test refusal in mn. I complied with all field sobriety tests including the pbt.
I was taken to the county jail and asked to take another breath test. I told the officer i wanted to talk to My attorney. I ased for a Minneapolis mn phone book (the dwi/test refusal happened in bemidji mn, aprox 4 hours from Minneapolis). I also asked the officer for my cell phone to look up my attorneys number. And asked the officer if he could use the internet to help me find the phone number. The officer did not help me with finding my attorneys number.
Do you know of any mn case law that would help me prove a right to my own counsel before taking a breath test
A: You may have an argument depending on the circumstances. This would be a great question for your attorney after discussing the particular facts of your case.
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