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Driver’s License: DWI – Attorney Contact – Chemical Test Refusal

Where an officer heard a driver, who requested an opportunity to talk to an attorney after he was asked to submit to a chemical test, talk to someone on the phone, the testimony of the officer and the alcohol influence report supported the inference that the driver spoke to his attorney for several minutes, and there was no showing that the driver made further attempts to contact an attorney, so the trial court properly found that the driver concluded his efforts to talk to an attorney before refusing to submit to a chemical test.

Judgment is affirmed.

Green v. Director (MLW No.64335/Case No. WD74939 – 9 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Clay County, Sutton, J. (Jeffrey S. Eastman, Gladstone, for appellant) (Samuel E. Buffaloe, Jefferson City, for respondent).

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