RODRIGUEZ v. FULTON

No. 54857.

190 N.W.2d 417 (1971)

Peter RODRIGUEZ, Petitioner-Appellee, v. Jack FULTON, Commissioner of Public Safety, Respondent-Appellant.

Supreme Court of Iowa.

September 27, 1971.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Clayton C. Mowers, and William W. Garretson, Asst. Attys. Gen., for respondent-appellant.

Dewayne A. Knoshaug, Clarion, for petitioner-appellee.


STUART, Justice.

Petitioner, who was charged with operating a motor vehicle while under the influence of an alcoholic beverage in violation of section 321.281, The Code, refused to take the breath test requested by a highway patrolman. When his attorney arrived five minutes later and learned of the request and refusal, he demanded a blood test for his client. The patrolman would not make arrangements for a blood test.<...

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