The court affirmed suppression of the breath-test results because the implied-consent advisory materially misled a commercial driver’s-license holder about the consequences of refusing or failing the test while driving a noncommercial vehicle.
Supreme Court of Iowa, 2008
Published opinions from 2008. The case name opens the case page.
2008 opinions
IowaState of Iowa, Appellant v. Codey Thomas Massengale, Appellee
February 29, 20082008 Iowa Sup. LEXIS 37
The court held that the implied-consent advisory read to Massengale violated substantive due process because it misleadingly suggested that the consequences for his commercial driving privileges were the same as those for his noncommercial privileges.
IowaState of Iowa, Appellee v. Gregory Eugene Maxwell, Appellant
January 4, 20082008 Iowa Sup. LEXIS 2
The court affirmed Maxwell’s conviction and sentence, holding that the same two prior drug-related felony convictions could classify his possession offense as a class D felony and support habitual-offender sentencing.