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STATE v. FRIEND

No. 00-1027.

630 N.W.2d 843 (2001)

STATE of Iowa, Plaintiff-Appellant, v. Joel Lawrence FRIEND, Defendant-Appellee.

Court of Appeals of Iowa.

April 11, 2001.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Victoria Siegel, County Attorney, and Mark Tremmel, Assistant County Attorney, for appellant.

Robert E. Breckenridge of Johnson, Hester, Walter & Breckenridge, L.L.P., Ottumwa, for appellee.

Heard by STREIT, P.J., and HECHT and VAITHESWARAN, JJ.

VAITHESWARAN, Judge.

A grandfather traveled to Iowa with his young grandson. While here, the grandson and grandfather rode in a truck driven by Joel Friend, the child's uncle. An officer stopped the truck for traffic violations, observed signs of intoxication in Friend, and arrested him for operating a motor vehicle while intoxicated. The State charged Friend with OWI and child endangerment. Iowa Code §§ 321J.2(1)(a), (2)(a); 726.6 (1999). Friend moved to...

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