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STATE v. HUTTON

No. 09-0512.

796 N.W.2d 898 (2011)

STATE of Iowa, Appellant, v. Justin Joseph HUTTON, Appellee.

Supreme Court of Iowa.

April 15, 2011.

Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Jean C. Pettinger , Assistant Attorney General, John P. Sarcone , County Attorney, and Daniel J. Rothman , Assistant County Attorney, for appellant.

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

HECHT, Justice.

After being charged with operating while intoxicated (OWI) in violation of Iowa Code section 321J.2 (2009),1 the defendant moved to suppress the results of his breath test. The district court granted his motion, concluding the advisory given by a police officer was misleading and therefore violated section 321J.8, rendered the defendant's consent to the test involuntary, and violated the defendant's substantive due process...

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