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STATE v. REMAKEL

No. 62075.

281 N.W.2d 445 (1979)

STATE of Iowa, Appellee, v. Michael James REMAKEL, Appellant.

Supreme Court of Iowa.

July 25, 1979.

Attorney(s) appearing for the Case

Frank D. Gilloon, III, of Klauer, Stapleton, Ernst, Gilloon & McCauley, Dubuque, for appellant.

Thomas J. Miller, Atty. Gen., Thomas A. Evans, Jr., Asst. Atty. Gen., and Robert J. Curnan, Dubuque County Atty., for appellee.

Considered by LeGRAND, P. J., and REES, HARRIS, ALLBEE and McGIVERIN, JJ.

McGIVERIN, Justice.

The question presented in this case is whether our decision in State v. Vietor, 261 N.W.2d 828 (Iowa 1978), should be applied to a case which was tried, but not yet on appeal, when our opinion was filed. In Vietor we held that a person arrested for operating a motor vehicle while under the influence of an alcoholic beverage (OMVUI) has a statutory right to consult an attorney before being required...

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