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STATE v. BIRD

No. 01-1223.

663 N.W.2d 860 (2003)

STATE of Iowa, Appellee, v. David Frazier BIRD, Appellant.

Supreme Court of Iowa.

Rehearing Denied July 1, 2003.

Attorney(s) appearing for the Case

Jerald W. Kinnamon and J.D. Keegan of Kinnamon, Kinnamon, Russo and Meyer, Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, J. Patrick White, County Attorney, and David Tiffany and Victoria Dominguez, Assistant County Attorneys, for appellee.

LARSON, Justice.

David Bird was convicted of second-offense operating while intoxicated (OWI) and appealed. The court of appeals reversed on the ground the arresting officer had failed to follow the statutory and administrative requirements for administration of a preliminary breath test (PBT). We vacate the decision of the court of appeals and affirm the judgment of the district court.

I. Facts and Prior Proceedings.

David Bird...

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