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Case No. 19-0734

State of Iowa
v.
Hannah Marie Kilby

Hannah Kilby appeals from her conviction and sentence for operating a motor vehicle while intoxicated, first offense, in violation of Iowa Code section 321J.2, following a bench trial on the minutes of testimony. She contends the court erred in denying her motion in limine to prevent consideration of her refusal to consent to either the preliminary breath test or the Datamaster breath test. She argues, as applied in these circumstances, Iowa Code section 321J.16 served only as a punishment for the proper assertion of her right to refuse a warrantless breath test, which violated her substantive due process rights pursuant to article I, section 9 of the Iowa Constitution.

County:
Polk
Trial Court Case No.:
OWOM085486

Appellee

State of Iowa

Appellant

Hannah Marie Kilby

Attorneys for Appellee

Linda J. Hines

Attorneys for Appellant

Grant C. Gangestad

Supreme Court

Oral Argument Schedule

15-15-5

Oct 15, 2020 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
19-0734
Date Published:
Jun 18, 2021
Date Amended:
Aug 31, 2021

View archived opinions from prior to November 2017

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