ELLIOT v. IOWA DEPT. OF TRANSP.

No. 84-1495.

377 N.W.2d 250 (1985)

Ronney Lee ELLIOT, Plaintiff-Appellant, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Defendant-Appellee.

Court of Appeals of Iowa.

September 24, 1985.


Attorney(s) appearing for the Case

David M. Engelbrecht of Engelbrecht, Ackerman & Hassman, Waverly, for plaintiff-appellant.

Thomas J. Miller, Atty. Gen., and David A. Ferree, Asst. Atty. Gen., for defendant-appellee.

Considered by OXBERGER, C.J., and SNELL and HAYDEN, JJ.


PER CURIAM.

Ronney Lee Elliot was arrested for operating a motor vehicle while under the influence of alcohol. Elliot testified in court that he was taken to a holding room prior to the administration of his breath test pursuant to Iowa Code chapter 321B. He claimed he was alone in the room and smoked a cigarette within fifteen minutes of the test. The police officer who helped administer the breath test, testified that...

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