Misinformation by Officer Results in Amended Charge

Polk County, Iowa.   A GRL client charged with operating while intoxicated recently had his charge reduced to reckless driving and a driver’s license suspension was avoided due to the arresting officer incorrectly advising him about his eligibility for a work permit.  The client’s breath test result was thrown out by the court because the officer incorrectly advised him that he would not be eligible for a work permit for ninety days if he refused to submit to the test.  The legislature eliminated the ninety hard suspension for work permits effective July 1, 2018.  The basis for the successful elimination of the test result was the fact that the mis-information likely influences the Client’s decision to submit to the breath test.