Polk County, Iowa- A GRL Law client was approached by officers while sleeping in his car in a residential neighborhood with his vehicle running. Officers suspected that he was under the influence. The client was taken back to the station where he was asked to consent to a breath test. The client stated that he […]
Polk County, Iowa- Client’s breath test was thrown out of court when it was determined that the officer violated the client’s rights to an independent blood test. The client’s driver’s license was spared and he avoided an OWI conviction.
Another Example of How Video Makes a Difference in OWI Cases
A request to re-take the breath test administered at the Polk County Jail saves GRL Law’s client’s driving privileges and avoids an operating while intoxicated conviction.
Requesting to re-take a test may trigger the officer’s obligation to advise you of your right to independent testing. This case is a classic example of the old phrase “it never hurts to ask.”
Operating while intoxicated first offense charge was successfully challenged when the client as to take a second breath test and the officer failed to inform him about his right to independent testing.
State agrees to amend charge to reckless driving following a violation of the clients right to obtain an independent test.
Request for additional alternative test ignored by arresting officer results in suppression of State’s breath test. OWI charge dismissed.
