STATE v. IOWA DIST. COURT FOR JOHNSON COUNTY

No. 99-1516.

617 N.W.2d 33 (2000)

STATE of Iowa, Plaintiff, v. IOWA DISTRICT COURT FOR JOHNSON COUNTY, Defendant.

Court of Appeals of Iowa.

June 28, 2000.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, J. Patrick White, County Attorney, and Emily Colby, Assistant County Attorney, for plaintiff.

Chad W. Thomas, University of Iowa Student Legal Services, and Terri L. Tjebkes, Student Legal Intern, Iowa City, for defendant.

Considered by VOGEL, P.J., and MAHAN and MILLER, JJ.


VOGEL, P.J.

The State petitioned for a writ of certiorari from a district court order granting Nikole Taylor a deferred judgment on her conviction for operating while intoxicated. Because we find the trial court erred in using the preliminary breath test result over the Intoxilyzer test result in granting the deferred judgment, we sustain the writ.

Background facts. Taylor was charged with operating while intoxicated in violation of Iowa...

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