Right to Independent Test Violated – State’s Test Thrown Out

Creston, Union County, Iowa. GRL Law esatablished that client made a specific request for an alternate test in addition to the breath test being requested by the arresting officer. The officer failed to provide client with an affirmative opportunity to obtain his own independent test. State's test result was declared inadmisible at trial and the operating while intoxicated charge was dismissed. Client pleaded guilty to simple misdemeanor offense of open container. Driving privileges saved!