State v. Deshaw

SCHULTZ, Justice.

Defendant Charles Allen Deshaw appeals from his conviction, following a jury trial, of operating a motor vehicle while under the influence of alcohol (second offense) in violation of Iowa Code section 321.281 (1985). The primary issue on appeal concerns the admissibility of testimony by a peace officer that a preliminary screening test of defendant’s breath indicated the presence of alcohol. We hold that the admission of such testimony is reversible error.

Defendant, while driving his pickup on October 5, 1985, was stopped for speeding by a Cedar Rapids police officer. Based…