State v. Iowa District Court for Johnson County

The State petitioned for a writ of certio-rari from a district court order granting Nikole Taylor a deferred judgment on her conviction for operating while intoxicated. Because we find the trial court erred in using the preliminary breath test result over the Intoxilyzer test result in granting the deferred judgment, we sustain the writ.

Background facts. Taylor was charged with operating while intoxicated in violation of Iowa Code section 321J.2 (1997). Erik Lippold, the arresting officer, administered a preliminary breath test, which indicated an alcohol concentration of .15. Taylor was…