Request to Re-Take Test Saves License and Achieves a Reduction from OWI 2nd to Reckless Driving

Boone, Boone County Iowa.  GRL Law’s client requested to re-take the breath test at the station after being told the result that the machine printed out.  Client did not believe the results and asked if he could take the test again or if there was anything else he could do.   This request triggered the officer’s duty to advise the client of his right to independent testing but the officer failed to do so.  GRL Law filed a motion to suppress evidence as a result of this violation.  After a hearing on the issue, the judge agreed that the officer violated GRL Law’s client’s right to independent testing and ruled that the State’s test result could not be used at trial as a consequence.  This allowed GRL Law to reinstate client’s driving privileges.  Ultimately, just days before trial was scheduled to begin, the prosecution agreed to reduce the charge from operating while intoxicated, second offense, to the simple misdemeanor offense of reckless driving.