State v. Smith

ALLBEE, Justice.

Defendant, Donald Eugene Smith, stands convicted of the offense of operating a motor vehicle while under the influence of alcohol, a violation of § 321.281, The Code. He now appeals from certain evidentiary rulings rendered during his jury trial. We find merit in his contentions and reverse.

In the early morning of November 3,1977 defendant attracted the attention of Trooper Ronald R. Thomas of the Iowa Highway Patrol by forcing Thomas onto the shoulder when their vehicles passed on highway 69 north of Leon. Thomas’s suspicions having been thus aroused, he pursued defendant,…