City of Jamestown v. Schultz

Summary

The North Dakota Supreme Court affirmed the denial of Carlin Schultz’s motion to suppress chemical-test results following his conditional guilty plea to driving under the influence. The court held that Schultz received a reasonable opportunity to consult with an attorney before deciding to submit to chemical testing and was not entitled to a second consultation after the testing procedure changed. Separate opinions addressed the statutory basis and continuing validity of the limited right to consult counsel before chemical testing.

Holdings

1. Schultz received a reasonable opportunity to consult with an attorney before deciding to take the chemical test, so his limited statutory right to counsel was satisfied.
2. An individual who has been given a reasonable opportunity to consult with an attorney before deciding to take a chemical test is not entitled to a second opportunity to consult with an attorney after making that decision.
3. Suppression of the chemical-test results was not warranted because Schultz's statutory right to consult with counsel was not infringed or denied.

Questions Presented

1. Whether Schultz was denied his statutory right to a reasonable opportunity to consult with counsel before submitting to chemical testing.
2. Whether an arrestee who has already consulted with an attorney and decided to take a chemical test is entitled to a second opportunity to consult with counsel when administration of the test is subsequently transferred to another officer or machine.
3. Whether the chemical-test results should be suppressed as the remedy for an infringement of the limited statutory right to counsel.

Disposition

affirmed