STATE v. KELLY

No. 88-197.

430 N.W.2d 427 (1988)

STATE of Iowa, Appellant, v. JoAnne Lacy KELLY, Appellee.

Supreme Court of Iowa.

October 19, 1988.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Charles J. Krogmeier, Sp. Asst. Atty. Gen., Carolyn J. Olson, Asst. Atty. Gen., and Mark Sandon, Asst. Co. Atty., for appellant.

Steven K. Nalean of Nalean & Nalean, Boone, for appellee.

Considered en banc.


SNELL, Justice.

This is a discretionary review of a district court ruling suppressing evidence in a criminal prosecution for operating a motor vehicle while intoxicated, in violation of Iowa Code section 321J.2(1) (1987). The trial court granted the motion of defendant, JoAnne Lacy Kelly, to suppress evidence of an implied consent breath test that was offered two hours and nine minutes after Kelly was arrested and a preliminary breath test was administered. We reverse...

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