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Case No. 20-1301

State of Iowa
v.
Adam Donald Oscar Melchert

Appellee

State of Iowa

Appellant

Adam Donald Oscar Melchert

Attorneys for Appellee

Katie Krickbaum (until withdrawal) and Kevin Cmelik, Assistant Attorneys General

Attorneys for Appellant

Alexander S. Momany and Mark D. Fisher

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1301
Date Published:
Oct 06, 2021
Summary

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Heard by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (9 pages)

            Adam Melchert appeals from his conviction for operating while intoxicated.  He argues he did not voluntarily refuse chemical testing because he was not informed his refusal would prohibit him from requesting a deferred judgment if convicted.  He also argues Iowa Code section 907.3(1)(a)(6)(d) (2019) violates his state and federal constitutional rights to equal protection.  OPINION HOLDS: Police were not required to inform Melchert that he would not be able to request a deferred judgment if he chose to refuse testing.  With respect to Melchert’s equal protection challenge to section 907.3(1)(a)(6)(d), those who consent to testing and those who refuse testing are not similarly situated.  So the challenge fails.

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