Thursday, March 13, 2008

Check That Implied Consent Advisory, Wouldja?

State v. Massengale, no. 06-1466 (Iowa Feb. 29, 2008).
An Iowa County deputy stopped Massengale in April, 2006 for speeding and he exhibited signs of intoxication. After failing HGN and a preliminary breath test, he was arrested. There was an open beer in the vehicle.

A Datamaster reading of 0.143 was registered and Massengale was charged with OWI first offense. Massengale moved to suppress the results of the test. alleging that the implied consent advisory was unconstitutional in that it misled him as regards the effect on his commercial driver's license. The district court granted the motion and the state appealed.

The Court upheld the district court, finding that the implied consent advisory as it was given did not adequately inform the defendant to allow him to make an informed decision regarding the advisability of a test refusal. A person in Massengale's position might have decided not to provide evidence had he understood he was going to lose his commercial driver's license.

The takehome from this case is limited. The implied consent advisory that was used was out of date. It's worth revieweing the one you use to make sure it is current.


Post a Comment

<< Home