Section 3.29 Right to Counsel

• Library: Criminal Practice 2012 Supp

B. (§3.29) Right to Counsel

As to questions on the “right to counsel,” see Baldasar v. Illinois, 446 U.S. 222 (1980), and Gooch v. Spradling, 523 S.W.2d 861 (Mo. App. W.D. 1975).

Gooch was upheld and cited as good law in Dorrell v. Director of Revenue, 717 S.W.2d 559 (Mo. App. W.D. 1986). Gooch holds that persons under arrest for traffic offenses have the right to representation and advice of counsel at all times after arrest.

Yet, the Court in Spradling v. Deimeke, 528 S.W.2d 759 (Mo. 1975), held that, notwithstanding the arrested person’s right to counsel, that person does not have the constitutional right to consult with or to have an attorney present before deciding whether to submit to a breath test or to condition the consent to that test on an attorney being present. See also Stenzel v. State, Dep’t of Revenue, 536 S.W.2d 163 (Mo. App. E.D. 1976); McMurray v. Dir. of Revenue, 800 S.W.2d 820, 821–22[4, 5] (Mo. App. E.D. 1990), limited by Albrecht v. Dir. of Revenue...