State v. Hershey

McCORMICK, Justice.

This appeal presents two evidentiary issues arising from the prosecution of a charge of operating a motor vehicle while intoxicated (OWI), second offense, in violation of Iowa Code section 321.281 (1981). Defendant Victor Lewis Hershey contends the court erred in overruling his foundational challenge to breath test results and his best evidence challenge to admissibility of a carbon copy of an implied consent form. We affirm the trial court.

A Boone police officer arrested defendant at approximately 2:47 a.m. on November 25, 1982, after observing defendant driving…