STATE v. OVERBAY

No. 10-1955.

810 N.W.2d 871 (2012)

STATE of Iowa, Appellant, v. Rachael OVERBAY, Appellee.

Supreme Court of Iowa.

February 17, 2012.


Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Jean C. Pettinger , Assistant Attorney General, John P. Sarcone , County Attorney, and Brendan E. Greiner , Assistant County Attorney, for appellant.

Mark C. Smith , State Appellate Defender, and Rachel C. Regenold , Assistant State Appellate Defender, for appellee.


MANSFIELD, Justice.

This case presents the question whether a motorist is entitled to suppression of her blood alcohol test results because she was informed, incorrectly, that her refusal of the requested chemical test would have automatically led to revocation of her driving privileges, when in fact her refusal of the blood test would not have been deemed final but would have led to her being offered a different chemical test. Consistent with our precedents, we conclude...

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