State v. Zell

SACKETT, Judge.

Defendant Scott Paul Zell appeals his conviction of operating a motor vehicle while intoxicated following a jury trial. Defendant contends the trial court erred in (1) failing to grant a mistrial following the State’s reference to a preliminary breath test, and (2) in admitting evidence that was the result of an intoxilyzer breath test. We affirm.

The defendant was stopped for speeding and subsequently charged with operating a motor vehicle while intoxicated. When stopped, he was given a preliminary breath test. Under Iowa Code section 321J.5, the results of a preliminary breath…