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STATE v. BROCKMAN

No. 05-1203.

725 N.W.2d 653 (2006)

STATE of Iowa, Plaintiff-Appellee, v. Benjamin Craig BROCKMAN, Defendant-Appellant.

Court of Appeals of Iowa.

November 16, 2006.

Attorney(s) appearing for the Case

Darin Luneckas of Luneckas & Newhouse, P.C., Cedar Rapids, for appellant.

Thomas J. Miller, Attorney General, Darrel Mullins, Assistant Attorney General, Harold Denton, County Attorney, and Nicholas Maybanks, Assistant County Attorney, for appellee.

John B. Whiston of the University of Iowa College of Law, Iowa City, for amicus curiae.

Heard by HUITINK, P.J., VOGEL, J., and ROBINSON, Senior Judge.

HUITINK, P.J.

Benjamin Brockman appeals from his conviction for operating while intoxicated, first offense, in violation of Iowa Code section 321J.2 (2003). We reverse and remand for new trial.

I. Background Facts and Proceedings

Brockman was the driver in a motorcycle accident that occurred in Cedar Rapids during the early morning hours of September 22, 2004. Brockman and his passenger were both injured when Brockman rode straight through...

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