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STATE v. LUKINS

No. 12-2221.

846 N.W.2d 902 (2014)

STATE of Iowa, Appellee, v. Tony Gene LUKINS, Appellant.

Supreme Court of Iowa.

May 16, 2014.

Attorney(s) appearing for the Case

David R. Johnson of Brinton, Bordwell & Johnson, Clarion, for appellant.

Thomas J. Miller , Attorney General, Jean C. Pettinger , Assistant Attorney General, and Micah J. Schreurs , County Attorney, for appellee.

ZAGER, Justice.

Tony Lukins was arrested for operating while intoxicated. After registering a .207 on a breath test at the O'Brien County jail, Lukins made several statements to the arresting officer indicating his desire to retake the breath test. After a great deal of discussion, the officer denied Lukins's request. Prior to trial, Lukins moved to suppress the breath-test result arguing suppression was required because he had been denied his statutory right to an...

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