HARRIS, Justice.
Defendant moved to dismiss this charge of public intoxication, Iowa Code § 123.46 (1981), because he was not taken to a detoxification center, § 125.34. The sole question for our review is the magistrate's ruling which sustained the motion. We agree that the charge should not have been dismissed and hence reverse.
According to the stipulated facts defendant was intoxicated and in public. The arresting officer did not offer to take...
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