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Case No. 19-0849

State of Iowa
Thomas C. Casper

Defendant appealed from the district court judgment and sentence entered on his conviction of operating while intoxicated (first offense). See Iowa Code § 321J.2(1)(a)–(b) (2018). He contended the arresting officer violated Iowa Code section 321J.11 by failing to advise him of his right to an independent chemical test and the district court consequently erred in denying his motion to suppress the results of a breathalyzer test. The court of appeals affirmed, finding any error was harmless since defendant was convicted based on the “under the influence” alternative of section 321J.2(1)(a) as well as the “alcohol concentration” alternative of section 321J.2(1)(b), and substantial evidence supported the conviction under subsection (a). Defendant seeks further review.

Cerro Gordo
Trial Court Case No.:


State of Iowa


Thomas C. Casper

Attorney for the Resister

Louis S. Sloven

Attorney for the Complainant

Scott A. Michels

Supreme Court

Oral Argument Schedule


Oct 15, 2020 1:30 PM


Supreme Court Opinion

Opinion Number:
Date Published:
Nov 20, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 13, 2020

            Appeal from the Iowa District Court for Cerro Gordo County, Adam Sauer, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Vaitheswaran, P.J. (5 pages)

            Thomas C. Casper appeals his conviction for operating a motor vehicle while intoxicated, first offense, contending that his breathalyzer test result should have been suppressed because he was not advised of his right to an independent chemical test.  OPINION HOLDS: We affirm.

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