Violation of Right to Independent Testing

Story County, Iowa.   The fighting issue in this case was whether the client had requested to do a second breath test following her submission to the breath test at the staion and whether the officer was obligated to inform her about her right to independent testing under Iowa Law.  In a pretrial motion to suppress, the Court concluded the client requested a second breath test and the officer was required by law to inform her of her right to indpendent testing which he did not do.  As a result the breath test was deemed inadmissible and the clients was able to save her driving privileges and the charge was reduced to public intoxication and reckless driving (simple misdemeanors).