STATE v. FISCHER

No. 09-0338.

785 N.W.2d 697 (2010)

STATE of Iowa, Appellant, v. Jeffrey Alan FISCHER, Appellee.

Supreme Court of Iowa.

July 23, 2010.


Attorney(s) appearing for the Case

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

R.A. Bartolomei of Bartolomei & Lange, PLC, Des Moines, for appellee.


CADY, Justice.

In this appeal, we must decide if a law enforcement officer can use a computer screen to make a "written request" to withdraw a bodily substance for testing from a driver suspected of operating while intoxicated. We conclude a computer screen satisfies the statutory requirement of a "written request." We reverse the decision of the district court and remand the case for further proceedings.

I. Background Facts and Proceedings.

On October...

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