Case Law Updates for May 21 – May 27, 2021
Privacy of Consultation with Lawyer Discussed
Statute requires consultation between driver, asked for a breath test, and counsel to be private. But driver requested consultation with counsel while pulled over, consulted with counsel in patrol car where no privacy was possible, and did not ask for privacy. Therefore, the absence of privacy did not render driver’s refusal of the breath test involuntary or unknowing, and circuit court did not err in affirming the revocation of driver’s license for a year.
Kyle Hummel, Appellant, v. Director of Revenue, Respondent.
Missouri Court of Appeals, Eastern District – ED109096