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STATE v. STOHR

No. 05-1107.

730 N.W.2d 674 (2007)

STATE of Iowa, Appellant, v. Aaron Beuford STOHR, Appellee.

Supreme Court of Iowa.

April 27, 2007.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, and Karen R. Kaufman Salic, County Attorney, for appellant.

Richard A. Bartolomei of Bartolomei & Lange, P.L.C., Des Moines, for appellee.

LARSON, Justice.

Aaron Stohr was arrested and prosecuted for OWI as a third or subsequent offender under Iowa Code section 321J.2(c) (2003). Stohr filed a motion to suppress a breath test that had been administered using a DataMaster cdm device (hereinafter referred to as DataMaster), and the district court sustained the motion. We granted the State's application for discretionary review. The court of appeals reversed the ruling, and because this testing device is...

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