Failure to Offer Phone Call Results = No OWI Charge

posted by Robert Rehkemper on Wednesday, October 04, 2017

Eldora, Hardin County, Iowa. Judge rules that arresting officer's failure to offer GRL Law's client a phone call or opportunity to place telephone calls upon arrival at the Sheriff's Office required suppression of the breath test refusal. Client was permitted to place a call while in the back of the squad car on the way to the Sheriff's Office and was assured he would have "access" to his cell phone and be able to make additional calls inside the station. Upon entering the station, the jail took client's phone from him. He was not given his phone until after the breath test refusal proceedings were done. the Judge ruled that the arresting officer had an obligation to affirmatively offer phone calls upon arriving at the jail, prior to client making a decision regarding the breath test. License spared, OWI charge amended to Reckless Driving and accompanying Carrying a Concealed Weapons charges amended down to a simple misdemeanor.
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Mr. Rehkemper was selected to the Super Lawyers list for the fifth straight year in 2017, 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