STATE v. DRISCOLL

No. 89-261.

455 N.W.2d 916 (1990)

STATE of Iowa, Appellant, v. Timothy J. DRISCOLL, Appellee.

Supreme Court of Iowa.

May 23, 1990.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Mark Joel Zbieroski, Asst. Atty. Gen., and Kjas T. Long, County Atty., for appellant.

James A. Bear, Preston, for appellee.

Considered by LARSON, P.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.


NEUMAN, Justice.

We granted discretionary review to consider the State's challenge to a suppression order entered in this prosecution for operating a motor vehicle while intoxicated. The trial court suppressed evidence of defendant Timothy Driscoll's blood-alcohol test on the ground that the police officer who invoked the implied consent procedures was not authorized to do so. We reverse and remand for further proceedings.

I. In September 1988, Brian Sanger...

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