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STATE v. MARKS

No. 01-1066.

644 N.W.2d 35 (2002)

STATE of Iowa, Plaintiff-Appellant, v. Lowell Eugene MARKS, Defendant-Appellee.

Court of Appeals of Iowa.

March 27, 2002.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Martha E. Boesen, Assistant Attorney General, Thomas S. Mullin, County Attorney, and Brigit Barnes, Assistant County Attorney, for appellant.

Jack Faith, Sioux City, for appellee.

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

VOGEL, P.J.

The district court ruled that Lowell Marks' field sobriety tests and Intoxilyzer test results should be suppressed as the former was given under threat of arrest and the latter conducted without reasonable grounds to invoke implied consent. The State was granted discretionary review and appeals both suppressions. We reverse.

Background facts. At approximately 2:00 a.m. on May 11, 2000, Officer Fleckenstein observed a speeding...

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