Green v. Director of Revenue, No. WD
| Decision Date | 16 March 1993 |
| Docket Number | No. WD |
| Parties | Amiel C. GREEN, Appellant, v. DIRECTOR OF REVENUE, Respondent. 46860. |
| Court | Missouri Court of Appeals |
Willis L. Toney, Kansas City, for appellant.
Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Sp. Asst. Atty. Gen., Jefferson City, for respondent.
Before KENNEDY, P.J., and BERREY and SPINDEN, JJ.
Amiel C. Green's driver's license was revoked because of his failure to submit to a chemical test of the alcoholic content of his blood. Following a hearing pursuant to § 577.041.2, RSMo Supp.1992, the revocation was upheld by the trial court. Green now appeals, claiming that the arresting officer ignored his request to speak with an attorney prior to taking a breathalyzer test.
The judgment is affirmed.
At the hearing, the arresting officer provided an account of the events which provoked the revocation of Green's driver's license. Officer Paul Mills of the Kansas City, Missouri Police Department testified that he arrested Green after Green had failed to stop at a red light and then failed to satisfactorily perform several field sobriety tests.
Officer Mills testified that, at the station, he informed Green of his Miranda rights, including his right to have an attorney present while being questioned. Officer Mills stated that he then asked Green to answer some questions, and Green replied that "he would rather wait until his attorney was present." Officer Mills testified that he next asked Green to submit to a breathalyzer test, and he explained to Green that a refusal would result in a one-year revocation of Green's driver's license. Nevertheless, Green refused to take the test.
Green also testified at the hearing, and provided a different account of the events at the police station. When asked if he affirmatively asked to contact his lawyer after Officer Mills informed him of his Miranda rights, Green replied, "I made it clear that I would like to speak to my lawyer now." According to Green, Officer Mills replied, "You can't--I doubt if your lawyer would contact you back at this hour." Green also claimed that Officer Mills did not tell him that his driver's license would be revoked for one year if he refused to take the breathalyzer test.
In his sole point on appeal, Green claims that the evidence clearly established that he requested to confer with his attorney prior to taking the breathalyzer test, and that he was not given an opportunity to contact his attorney before he had to decide whether to submit to the test. Therefore, he argues, the trial court erred in finding that he had unequivocally refused to take the test.
Missouri courts have held that an arrested person has no constitutional right to speak with an attorney prior to deciding whether or not to submit to...
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Akers v. Director of Revenue, WD 65722.
...attorney is triggered only if the driver specifically requests to talk to his lawyer. Sweatt, 940 S.W.2d at 543; Green v. Dir. of Revenue, 849 S.W.2d 658, 660 (Mo.App. W.D.1993). If an arrested driver, who asks to contact his attorney before taking a chemical test, is denied the opportunity......
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Wilmoth v. Director of Revenue, WD
...test or to have an attorney present during testing. 2 Spradling v. Deimeke, 528 S.W.2d 759, 764 (Mo.1975); Green v. Director of Revenue, 849 S.W.2d 658, 659 (Mo.App.1993). However, under section 544.170 and Rules 31.01 and 37.13, a person arrested and held in custody has a limited right, up......
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Sweatt v. Director of Revenue, State of Mo.
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