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State of Iowa
v.
Adam Donald Oscar Melchert
Appellee
State of Iowa
Appellant
Adam Donald Oscar Melchert
Attorney for the Appellee
Katie Krickbaum (until withdrawal) and Kevin Cmelik, Assistant Attorneys General
Attorney for the Appellant
Alexander S. Momany and Mark D. Fisher
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.