STATE v. CONNER

No. 84-1262.

377 N.W.2d 664 (1985)

STATE of Iowa, Plaintiff-Appellee, v. Daniel Lee CONNER, Defendant-Appellant.

Court of Appeals of Iowa.

August 29, 1985.


Attorney(s) appearing for the Case

John A. Pabst, Pabst Law Firm, Albia, Iowa, for defendant-appellant.

Thomas J. Miller, Attorney General, and Lona Hansen, Asst. Atty. Gen., for plaintiff-appellee.

Heard by OXBERGER, C.J., and SCHLEGEL, and SACKETT, JJ.


OXBERGER, Chief Judge.

The defendant has challenged the constitutionality of the statute prohibiting operating a motor vehicle while under the influence of alcohol, contending that a portion of the statute creates an improper irrebuttable presumption. We affirm his conviction and hold the statute is constitutional.

A jury found the defendant, Daniel Conner, guilty of violating section 321.281(1)(b) of the Code by operating a motor vehicle on December 3, 1983...

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