State v. Stoneking

REYNOLDSON, Chief Justice.

This is a discretionary review of a district court ruling in a criminal case that suppressed evidence of an Iowa Code section 321B.4 1 blood test because it was administered slightly more than two hours and five minutes after a preliminary breath test was administered to defendant Brian E. Stoneking. We determine, in the circumstances presented, this delay in administering the test was not fatal and evidence of the result should not have been excluded on that ground. Accordingly, we reverse and remand for further proceedings.

A two-count indictment charged defendant…