Independent Test Requests Mean Something

Madison County, Iowa.  Attorney Matt Lindholm (aka The Wolf), recently found success for his client who was facing a charge of operating while intoxicated.  The client requested an independent test following the submission to the breath test at the station but the officer who arrested the client dictated where that independent test would be conducted.  Attorney Lindholm filed a motion to suppress arguing that the breath test results were not admissible because she was not allowed an “independent test” since the officer dictated where the test was going to be done.  The judge agreed and suppressed the breath test results.  The charge was ultimately reduced to a simple misdemeanor and the client was able to avoid a criminal conviction for OWI and the offense was removed from DOT records.