No Evidence That DWI Suspect Was Refused Right to Contact Family Member

In State v. Boone, 05-2011 (Iowa Ct. App. Sept. 21, 2006), a driver moved to suppress breath test results. The defendant argued that she made a legitimate request to contact a family member under section 804.20 of the Code but was not allowed to do so until after the test. The court denied her motion and she was convicted at a bench trial.

The court of appeals found that the only evidence whether there'd ever been a valid request to contact a family member was in the testimony of the officer and the defendant. The evidence of the entire affair was contrary to any assertion that her rights had been violated. The court of appeals affirmed the trial court judgment on the motion.