State of Iowa
v.
John Scott Miller
Appellee
State of Iowa
Appellant
John Scott Miller
Attorney for the Appellee
Louis S. Sloven, Assistant Attorney General
Attorney for the Appellant
D. Brian Scieszinski
Court of Appeals
Court of Appeals Opinion
Opinion Number:
21-1469
Date Published:
Mar 30, 2022
Summary
Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge. AFFIRMED. Considered by Bower, C.J. and Vaitheswaran and Chicchelly, JJ. Opinion by Vaitheswaran, J. (6 pages)
John Miller appeals the district court’s finding that he refused chemical testing requested in accordance with Iowa Code section 321J.6 (2021), as well as the district court’s statement “[o]ther than a[n] unequivocal consent is a refusal.” OPINION HOLDS: The district court did not err in finding Miller refused chemical testing or stating that anything other than unequivocal consent is a refusal.
