Phone Call Cut Off = Refusal Excluded and License Spared

Des Moines, Polk County, Iowa. A police officer's impatience results in a favorable resolution for GRL Law client. Client requested to place calls at the station before making a decision to consent or refuse chemical testing. During his final phone conversation the officer terminated his phone call and required that he make a decision without obtaining satisfactory consultation with counsel. This violated Iowa Code section 804.20 and resulted in the exclusion of the alleged refusal at trial. The charge was ultimately amended down to public intoxication and clients driving privileges are being reinstated.