Operating While Intoxicated Conviction Reversed Due to Troopers Self-Contradicting Sworn Testimony

posted by Robert Rehkemper on Wednesday, May 15, 2019

Indianola, Warren County, Iowa.  Iowa Court of Appeals reverses operating while intoxicated conviction citing investigating Trooper's self-contradicting testimony and the illegal search of GRL Law's client's garage. 

The Court of Appeals made it a point to highlight the fact that the Trooper testified, under oath, at the administrative hearing that he did not place GRL Law's client under arrest for operating while intoxicated prior to asking for the breath test at the station.  At the hearing in criminal court, the Trooper attempted to change his testimony and claim that he had indeed placed GRL Law's client under arrest for operating while intoxicated.  The Court of Appeals had none of it.  They correctly noted that the objective facts did not support the Trooper's claim and concluded that the breath test was illegally requested. 

The Court of Appeals also agreed that the search of client's vehicle as it was parked in his garage was also illegal.  The full opinion can be accessed here
  1. appeal
  2. drunk driving defense
  3. results - drunk driving

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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