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STATE v. McATEER

No. 63630.

290 N.W.2d 924 (1980)

STATE of Iowa, Appellant, v. Andrew Scott McATEER, Appellee. STATE of Iowa, Appellant, v. Robbin Sue MORRISON, Appellee.

Supreme Court of Iowa.

April 23, 1980.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Kathy Krewer, Asst. Atty. Gen., and Donald R. Mason, Asst. Marshall County Atty., for appellant.

Curtis A. Ward, of Mowry, Irvine & Brooks, Marshalltown, for appellee McAteer.

Paul C. Peglow, of Johnson, Sudenga, Carter & Latham, Marshalltown, for appellee Morrison.

Considered by LeGRAND, P. J., and HARRIS, McCORMICK, McGIVERIN and LARSON, JJ.

HARRIS, Justice.

In these two prosecutions for operating a motor vehicle while under the influence of an intoxicating beverage (§ 321.281, The Code 1979) each accused requested permission to consult with a family member. Because each request was denied the trial court suppressed evidence of one defendant's refusal to take a breath test and of the failure of the other test. On discretionary review we affirm the trial court.

McAteer was arrested and charged...

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