MOORE v. IOWA DEPT. OF TRANSP., MVD

No. 90-1713.

473 N.W.2d 230 (1991)

Gary Dean MOORE, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Court of Appeals of Iowa.

May 29, 1991.


Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., David A. Ferree, Acting Sp. Asst. Atty. Gen., and Mark Hunacek, Asst. Atty. Gen., for appellant.

Gerald B. Feuerhelm, Des Moines, for appellee.

Heard by OXBERGER, C.J., and HAYDEN and HABHAB, JJ.


OXBERGER, Chief Judge.

Gary Moore was arrested in Newton for operating a motor vehicle while intoxicated (OWI). He was taken to the Newton police station where a police officer asked permission to perform a breath test on him. At that point Moore asked to speak to his attorney in Ankeny. Moore placed a twenty minute telephone call to his attorney. Near the end of the call, Moore and the attorney both told the police officer...

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