State of Iowa
v.
Thomas C. Casper
Defendant appealed from the district court judgment and sentence entered on his conviction of operating while intoxicated (first offense). See Iowa Code § 321J.2(1)(a)–(b) (2018). He contended the arresting officer violated Iowa Code section 321J.11 by failing to advise him of his right to an independent chemical test and the district court consequently erred in denying his motion to suppress the results of a breathalyzer test. The court of appeals affirmed, finding any error was harmless since defendant was convicted based on the “under the influence” alternative of section 321J.2(1)(a) as well as the “alcohol concentration” alternative of section 321J.2(1)(b), and substantial evidence supported the conviction under subsection (a). Defendant seeks further review.
Resister
State of Iowa
Complainant
Thomas C. Casper
Attorney for the Resister
Louis S. Sloven
Attorney for the Complainant
Scott A. Michels
Supreme Court
Oral Argument Schedule
15-15-5
Oct 15, 2020 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cerro Gordo County, Adam Sauer, District Associate Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and May, JJ. Opinion by Vaitheswaran, P.J. (5 pages)
Thomas C. Casper appeals his conviction for operating a motor vehicle while intoxicated, first offense, contending that his breathalyzer test result should have been suppressed because he was not advised of his right to an independent chemical test. OPINION HOLDS: We affirm.