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Mogard v. City of Laramie9/24/2001
such an enlargement was intended by the framers of our constitution. There are no special circumstances in Wyoming that necessitate a broader right than what is provided by the Sixth Amendment. We have no significant precedent of such an interpretation. As we said in Charpentier, 736 P.2d at 725, the appellant has "failed to demonstrate any compelling reason why this Court should depart from the established rule . . .."
[ ] There are also some specific reasons not to expand the right to counsel beyond its traditional extent and into the investigative, evidence-gathering period before a formal charge is brought. Such an extension would destroy the "bright line" rule whereby access to counsel under the Sixth Amendment and Wyo. Const. art. 1, § 10 is only required once charges are filed, leaving law enforcement wondering on a case-by-case basis whether counsel is required. See McCambridge, 778 S.W.2d at 75-76. Further, the door would be opened to the difficulty of finding and appointing counsel for indigent defendants at all hours of the day and night for pre-chemical-testing advisements.
[ ] The answer to the certified question is "no." Wyo. Const. art. 1, § 10 does not give a defendant a limited right to consult with an attorney before deciding whether or not to submit to chemical testing for blood alcohol.
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