STATE v. MASSENGALE

No. 06-1466.

745 N.W.2d 499 (2008)

STATE of Iowa, Appellant v. Codey Thomas MASSENGALE, Appellee.

Supreme Court of Iowa.

February 29, 2008.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, and Lewis McMeen, County Attorney, for appellant.

Robert G. Rehkemper of Gourley, Rehkemper & Lindholm, P.L.C., Des Moines, for appellee.


STREIT, Justice.

Codey Massengale was pulled over for speeding and arrested for driving while intoxicated. He held a commercial driver's license but was driving his noncommercial vehicle at the time of his arrest. He filed a motion to suppress the results of his breath test, challenging the adequacy of the implied consent advisory read to him before he submitted to the breath test. The district court granted Massengale's motion. It found Massengale's consent to the...

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