Another result of our relentless pretrial discovery efforts is now on display in Jasper County.
After painstakingly reviewing every word of the implied consent video, we discovered that our client asked for an attorney. The officer did not honor this request, but instead requested a breath sample for testing on the DataMaster DMT. Our client refused.
Iowa law provides a limited right to consult with a lawyer while being detained by police.
The prosecutor amended the OWI because the breath test refusal would not be admissible due to the violation.
The result?
A simple misdemeanor. No jail. A fine of $105.
And we saved our client’s CDL, too, in the process.
We’ll expunge the public intoxication conviction in two years. Almost like it never happened.
The impaired driving defense attorneys at GRL Law get results!
