State v. Ironside

In State v. Ironside, 167 Vt. 628, 711 A.2d 663 (1998) (mem.), the Court declined to suppress evidentiary breath test results. In Ironside, the public defender contacted by the processing officer refused to advise the detainee on whether to submit to a breath test after the processing officer refused to disclose information about the detainee's driving record to the public defender. The defendant in Ironside had the opportunity to speak with an attorney on the telephone before and after the attorney spoke with the processing officer, but argued that "counsel's subsequent refusal to provide legal advice was functionally equivalent to a total denial of the opportunity to consult with counsel." Ironside, 167 Vt. 628 at 629, 711 A.2d 663 at 664. The Court decided this consultation satisfied the requirement of 23V.S.A. 1202(c) that DUI detainees have an opportunity to consult with counsel, holding that "the attorney's choice to withhold advice, in the belief that defendant's recollection of his prior record was not reliable, does not negate this fact that defendant had a private telephone consultation with an attorney." Id. at 630, 711 A.2d 663 at 664.