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Case No. 21-1469

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.

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