Failure to Advise of Rights Results in Breath Test Refusal Being Thrown OUt

posted by Robert Rehkemper on Thursday, June 06, 2019

Waukee, Dallas County, Iowa.  A Dallas County Judge ruled that when GRL Law's client asked for privacy during a phone call with GRL Law, the officer was required to advise client of her right to privacy and confidentiality.  The arresting officer instead, when asked for privacy, re-read the applicable law to himself but failed to advise GRL Law's client as required by Iowa law.  The violation resulted in the breath test refusal being excluded as evidence in the case, the case being reduced to a simple misdemeanor and GRL Law's client's driving privileges being reinstated.
  1. driver's license
  2. driving under the influence
  3. drunk driving defense
  4. operating while intoxicated
  5. owi
  6. results - drunk driving

About The Author

Mr. Rehkemper was selected to the Super Lawyers list for the sixth straight year in 2018, and has repeatedly been named Avvo’s Client Choice and Top Attorney for DUI defense with a Superb rating of 10.0 out ... read more