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SCHROEDER v. DEPT. OF MOTOR VEHICLES

No. 18710.

772 P.2d 1278 (1989)

Charles Alan SCHROEDER, Appellant, v. The STATE of Nevada, DEPARTMENT OF MOTOR VEHICLES AND PUBLIC SAFETY, Respondent.

Supreme Court of Nevada.

April 25, 1989.

Attorney(s) appearing for the Case

Beckley, Singleton, DeLanoy, Jemison & List and Daniel F. Polsenberg, Las Vegas, for appellant.

Brian McKay, Atty. Gen., Carson City, Neil H. Friedman, Deputy Atty. Gen., Las Vegas, for respondent.

OPINION

PER CURIAM:

After Nevada State Trooper Donald Fazio arrested him for driving under the influence of alcohol, appellant Charles Schroeder refused to submit to a chemical sobriety test for at least forty minutes. Schroeder told the arresting officer that he would not take any test until he spoke with his attorney. After the trooper left Schroeder in the Clark County jail and returned to his patrol, Schroeder changed his mind and requested a test. The...

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