Felony Drunk Driving Offense Beat

Oskaloosa, Mahaska County, Iowa.  Class D Felony, Operating While Intoxicated, Third Offense, that carries a minimum of 30 days in jail but up to 5 years in prison, was amended down to a Simple Misdemeanor infraction of Public Intoxication with a fine and informal probation after the Court suppressed the defendant's breath test result.  The breath test was thrown out of court because the Trooper that arrested the defendant refused to allow him to talk to his family members after arriving at the jail, before the breath test.  Each time the defendant attempted to place a phone call, the Trooper made him hang up the call before he was done to take the next step with breath testing. The Troopers violation of the defendant's right to communicate with family members also resulted in the defendant's driver's license being spared.