Clarke's own observations established a particularized and objective basis for stopping Grossoehme's vehicle. Right to Counsel Grossoehme argues that his right to counsel was not vindicated because Clarke did not provide him a telephone book and did not give him a reasonable amount of time to contact an attorney. Friedman v. Commissioner of Pub. Whether a person was given a reasonable amount of time to contact counsel is a mixed question of fact and law. Parsons v. Commissioner of Pub.
Police officers have a duty to vindicate the right to counsel.
In determining whether a driver's right to counsel was vindicated, a totality of the facts will be considered. Grossoehme argues that he was not given a telephone book. But Clarke testified that telephone books were available to Grossoehme, and that Grossoehme was told that he could use the telephone books, and the trial court expressly found Clarke's testimony to be credible. The trial court's finding that Grossoehme was given a telephone book was not clearly erroneous. Grossoehme argues that he was allowed to use a telephone for only eleven minutes, and this did not give him a reasonable opportunity to contact an attorney before being tested.