Tuesday, April 12, 2011

The Envelope, Please....

State v. Calvert, no. 10-0663 (Iowa Court of Appeals, March 30, 2011)

Calvert was stopped for operating while intoxicated. She was administered a preliminary breath test, and asked to see the result. The arresting officer stated he did not think he was required to do so. Calvert argued the plain language of 321J.11 compels the suppression of the subsequent evidentiary breath test.

321J.11 states in part, "...Upon the request of the person who is tested, the results of the test or tests administered at the direction of the peace officer shall be made available to the person."

The court disagreed with Calvert's theory, holding that the section cited by Calvert applies only to evidentiary tests.


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