Lawyer before breathlyzer?

[EMT111 149]

http://www.recordonline.com/apps/pbcs.dll/article?AID=/20131207/NEWS/312070334

I could be wrong, but I was always under the impression that the police did not need to allow you access to your lawyer prior to giving you a breathalyzer test, or provide you with a lawyer unless you requested a lawyer and were being interrogated. I do understand that some PD might just provide a lawyer as soon as one is requested though in order to avoid legal headaches latter..

[INIT915 1,119]

Where the police are aware that an attorney has appeared in a case before the chemical breath test begins, they must make reasonable efforts to inform the motorist of counsel’s appearance if such notification will not substantially interfere with the timely administration of the test.

It does not appear that is the case here, but that is only a guess based on the few specifics outlined in the article.

[v85 212]

Where the police are aware that an attorney has appeared in a case before the chemical breath test begins, they must make reasonable efforts to inform the motorist of counsel’s appearance if such notification will not substantially interfere with the timely administration of the test.

It does not appear that is the case here, but that is only a guess based on the few specifics outlined in the article.

What does it mean when an attorney has appeared in a case before? Does that mean if the person has previously spoken with an attorney about the same case? and does that apply if an attorney is requested, or only if they actually spoke to one

[INIT915 1,119]

What does it mean when an attorney has appeared in a case before? Does that mean if the person has previously spoken with an attorney about the same case? and does that apply if an attorney is requested, or only if they actually spoke to one

An attorney has appeared in a matter when they have made timely notification to law enforcement that they represent a defendant in a matter. If a defendant asks to contact an attorney for the first time, they should be granted a reasonable opportunity to do so if it does not or will not delay the administration of the chemical test.