In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Ex Input:
an alcohol concentration of .22. The Commissioner of Public Safety revoked Gergen’s driving privileges, and the district court affirmed. ISSUES 1. Where a district court determines that a person arrested for driving while intoxicated did not make a good faith effort to contact an attorney, is the driver’s right to counsel vindicated even though the telephone provided by the arresting officer is blocked from dialing 800-numbers? 2. Did the police officer violate Minn.Stat. § 481.10? ANALYSIS I. A person arrested for driving while intoxicated (DWI) has a limited right to consult an attorney before deciding whether to submit to chemical testing, provided the consultation does not unreasonably delay the testing. Friedman v. Commissioner of Pub. Safety, 473 N.W.2d 828, 835 (Minn.1991) (<HOLDING>); see Minn. Const. art. I, § 6 (“In all 
 Holding statements: (A) holding that there is no constitutional right to refuse chemical testing under the implied consent law (B) holding that the implied consent warning given to the defendant was not misleading or coercive because the validity of the implied consent notice is not contingent upon other administrative aspects of ocga  405671 (C) holding that officers not required to give implied consent warnings where statute did not apply (D) recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel (E) holding that right to counsel under implied consent statute is limited because of the evanescent nature of alcohol

Ex Output:
(E)


Ex Input:
terms, “pending” refers to the status of an action before a final decision on the merits. Beetham v. Georgia-Pacific, 87 Or App 592, 743 P2d 755 (1987); see also Webster’s Third New Int’l Dictionary, 1669 (unabridged ed 1993) (pending means “not yet decided”). Although that meaning is useful in determining whether an action remains pending, it does not fully resolve the problem before us, which is to determine when an action becomes pending. The solution to that problem, however, is readily apparent from relevant contextual sources. ORCP 3 provides that an action is commenced by the filing of a complaint rather than by service of summons. An action becomes pending when it is commenced. See Fremont Indemnity Co. v. Corbett, 66 Or App 668, 672, 675 P2d 1097, rev den 297 Or 340 (1984) (<HOLDING>). Therefore, after a complaint is filed, an 
 Holding statements: (A) holding that a complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens (B) holding that the relevant time of inquiry is the date of the filing of the complaint (C) holding that under orcp 3 lis pendens attaches upon the filing of a complaint because the action is pending (D) holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that partys contractual right to arbitrate (E) holding that filing of an administrative complaint did not meet the requirement that the employee seek counseling prior to filing

Ex Output:
(C)


Ex Input:
of a co-conspirator’s confession at trial for an impeachment purpose offends the Confrontation Clause. Harvey Street and an accomplice were arrested for burglary and murder. 471 U.S. at 411, 105 S.Ct. 2078. After their arrests, both men confessed to a Sheriff. Id. At trial, Street repudiated his confession and asserted that the Sheriff read him his accomplice’s confession and “directed him to say the same thing.” Id. To rebut Street’s claim that his confession was fabricated, the State had the Sheriff read to the jury the accomplice’s confession, which directly implicated Street. Id. at 411-12, 105 S.Ct. 2078. Before the Sheriff read the accomplice’s statement to the jury, however, “the trial judge twice informed the jury that it was admitted ‘not Ct. 354, 98 L.Ed. 503 (1954) (<HOLDING>); cf. Watkins v. Sowders, 449 U.S. 341, 347, 
 Holding statements: (A) holding that evidence of a defendants prior criminal convictions could be introduced for the purpose of sentence enhancement if the jury was instructed that the evidence could not be used for the purposes of determining guilt (B) holding that statements elicited from a defendant in violation of his miranda rights could be introduced to impeach that defendants credibility when the jury was instructed that the statements were not to be considered as evidence of his guilt (C) holding all evidence be suppressed traceable to the unlawfully seized (D) holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt (E) holding that the admission of unlawfully seized evidence of a crime was admissible if the jury was instructed that the evidence could be considered only in assessing a defendants credibility and not for determining guilt

Ex Output:

(E)