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Hegler v. State
Citations: 1985 Ark. LEXIS 2051; 286 Ark. 215; 691 S.W.2d 129Docket: CR 84-185
Court: Supreme Court of Arkansas; June 10, 1985; Arkansas; State Supreme Court
The appellant was convicted of a second violation of the Omnibus DWI Act of 1983. The court found that the judgment of the prior conviction was inadmissible as it did not confirm whether the appellant had legal representation or had validly waived counsel, as per Lovell v. State (1984). Consequently, the appellate court reversed the conviction and remanded the case. The appellant also argued that the breath test results should be excluded because the officer failed to adequately inform him of his right to an additional test. However, the court determined that the police had sufficiently advised the appellant of his rights under Ark. Stat. Ann. 75-1045(c)(3) by informing him that he could have a physician or other qualified person administer an additional test at his expense. The court ruled that the omission of an additional breath test in the advisory did not invalidate the warning, as substantial compliance with the statute was sufficient for the test results to be admissible. The case was reversed and remanded, with Justices Purtle and Newbern concurring in part and dissenting in part.