State v. Binkley

REYNOLDSON, Justice.

Defendant, appealing his conviction of operating a motor vehicle while under the influence of an intoxicating beverage, asserts trial court erred in admission of blood test evidence. Specifically, he asserts foundational proof required by § 321B.4, The Code, failed in three essential respects: (1) There was no written request by the patrolman for defendant’s blood to be withdrawn; (2) it was not established the nurse who drew the blood was designated by a licensed physician; and (3) there was no evidence the blood sample vial was sterile. For reasons hereafter assigned, we…