State v. Weaver

NEUMAN, Justice.

On March 20, 1986, at approximately 11 p.m., defendant William Frank Weaver was found sitting in his pickup truck with the engine running and lights on, parked in the middle of a gravel road just west of Highway 65 near Rockwell, Iowa. A police officer on patrol found the circumstances suspicious and eventually arrested the defendant for operating while intoxicated in violation of Iowa Code section 321.281 (1985). Defendant readily concedes that his blood alcohol concentration at the time of his arrest was .265, without question evidence of intoxication. He claims, however,…