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.
Appellee
State of Iowa
Appellant
Hannah Marie Kilby
Attorney for the Appellee
Linda J. Hines
Attorney for the Appellant
Grant C. Gangestad
Supreme Court
Oral Argument Schedule
15-15-5
Oct 15, 2020 9:00 AM
