STATE v. GOODON

No. 88-561.

443 N.W.2d 74 (1989)

STATE of Iowa, Plaintiff-Appellee, v. Luke Charles GOODON, Defendant-Appellant.

Court of Appeals of Iowa.

April 25, 1989.


Attorney(s) appearing for the Case

William L. Wegman, State Public Defender, and Shari Barron, Asst. State Public Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Carolyn J. Olson, Asst. Atty. Gen., and John D. Doran and Mark A. Campbell, Asst. County Attys., for plaintiff-appellee.

Heard by DONIELSON, P.J., and SACKETT and HABHAB, JJ.


SACKETT, Judge.

Defendant-appellant Luke Charles Goodon contends evidence of his breathalyzer test should have been suppressed in his trial for driving under the influence because (1) the test was suppressed in an administrative proceeding, and (2) he was denied the opportunity to have an independent test conducted.

Defendant was arrested for driving under the influence. He consented to an intoxilyzer test. Defendant was told he had the right to an independent...

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