City of Jamestown v. Schultz
Annotate this CaseCarlin Schultz appealed a criminal judgment entered following his conditional guilty plea to the charge of driving under the influence. Schultz entered a conditional guilty plea preserving his right to challenge the denial of his motion to suppress evidence. Schultz argued he did not receive a reasonable opportunity to consult with counsel before deciding to take a chemical test and the subsequent test results should be excluded from evidence. The North Dakota Supreme Court found Schultz was provided with an opportunity to consult with an attorney before he decided whether to submit to chemical testing. Schultz was not required to be provided with a second chance to consult with an attorney subsequent to making a decision to take the chemical test. The judgment of the district court was therefore affirmed.
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