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444 N.E.2d 893

Gibbs v. State

Indiana Court of Appeals

Decided February 7, 1983

Indiana Court of Appeals · decided 1983-02-07

Cited by 5 later decisions — most recently August 1994

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1983-02-07

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RATLIFF, Judge,

¶1concurring in part and dissenting in part.

¶2I concur in the majority opinion that the proper statutory procedures were not fol*896lowed in this case and that the suspension of Gibbs’ driver’s license must be reversed for that reason. However, I do not agree that the arresting officer in such a case must inform the accused that the right to counsel does not attach at the stage of the proceedings where the breathalyzer test is offered to the accused. I dissent from that portion of the majority opinion which would impose such a duty upon the officer.

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