State v. Kelly

SNELL, Justice.

This is a discretionary review of a district court ruling suppressing evidence in a criminal prosecution for operating a motor vehicle while intoxicated, in violation of Iowa Code section 321J.2(1) (1987). The trial court granted the motion of defendant, JoAnne Lacy Kelly, to suppress evidence of an implied consent breath test that was offered two hours and nine minutes after Kelly was arrested and a preliminary breath test was administered. We reverse and remand for trial.

At approximately 3:00 p.m. on October 15, 1987, state trooper Rick Lampe was called to the scene of an…