Polk County OWI 2nd Offense Reduced to Reckless Driving

Polk County, Des Moines, Iowa.  Client's OWI second offense charge was reduced to reckless driving and the client's driver's license suspension was reversed following a stipulation by the State that the breath test refusal could not be used at trial.  GRL was able to successfully challenge the admissibility of the client's breath test refusal after discovering that the officer incorrectly advised the client that his license would only be suspended as a first offense even though it was the client's second offense.  As a result of the breath test refusal being thrown out, GRL was able to petition the DOT to rescind the client's driver's license suspenion.