State of Iowa
v.
Zachary Earl Brain
Appellee
State of Iowa
Appellant
Zachary Earl Brain
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
R.A. Bartolomei
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Keokuk County, Crystal S. Cronk, Judge. AFFIRMED AND REMANDED FOR FURTHER PROCEEDINGS. Heard by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Greer, P.J. (22 pages)
After being nearly involved in a head-on collision, which resulted in injuries to the driver of the other vehicle, Zachary Brain was investigated for driving while under the influence of drugs or alcohol. Brain was later criminally charged, and he moved to suppress the evidence obtained through his interactions with officers and the result of the breath test. The district court denied the motion to suppress, and Brain sought discretionary review of the ruling, which our supreme court granted before transferring the case to us. OPINION HOLDS: We affirm the district court’s denial of Brain’s motion to suppress and remand for further proceedings.
